Sri. Prashanth Badeka V. The New India Assurance Co. Ltd. and M/s. City Autos

MFA/8849/2007

AI Insights

The case involves two appeals related to a road traffic accident that occurred on 16.08.2002, resulting in significant injuries to the claimant, Sri. Prashanth Badeka. The claimant initially filed a compensation claim under Section 166 of the Motor Vehicles Act, seeking Rs. 95,00,000 for the injuries sustained. The Tribunal awarded Rs. 18,30,616 with an interest rate of 6% per annum from the date of the petition until realization, which was significantly lower than the claimed amount. Dissatisfied with the Tribunal's decision, both the claimant and the insurer filed separate appeals. The High Court, after hearing the arguments and considering the submissions, decided to set aside the Tribunal's award and remand the case for a fresh evaluation, allowing for the introduction of additional evidence.

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 690185 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 05-04-2013
• Assessment Year: misc
• Laws Referred To: MV Act
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: O MAHESH; T V SRINIVAS MURTHY
• Assessee Lawyers: SHRIPAD SHASTRI; K G BHAT
• Keywords: Compensation; Motor vehicle accident; Negligent driving; Reconsideration
• Section: 166; 173(1)

Judgement Text

" 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 5TH DAY OF APRIL, 2013 :PRESENT: THE HON’BLE MR. JUSTICE N.K. PATIL AND THE HON’BLE MR. JUSTICE C.R. KUMARASWAMY M.F.A.NO.8849 OF 2007(MV) C/W M.F.A. NO. 7215 OF 2007 (MV) IN M.F.A.NO.8849 OF 2007 BETWEEN SRI. PRASHANTH BADEKA S/O. SHANTHILAL AGED ABOUT 46 YEARS R/AT FLAT NO.2, SECTOR 8A BEHIND NARMADA NIKETANA CBD BELAPUR, NAVI MUMBAI-400 614 ... APPELLANT (BY SRI. SHRIPAD .V. SHASTRI & SRI. K.G.BHAT, ADVOCATES) AND: 1. THE NEW INDIA ASSURANCE CO. LTD., REGIONAL, D.O.X, 52, VINAY COMPLEX, VANI VILAS ROAD OPP. TO NATIONAL COLLEGE BASAVANAGUDI, BANGALORE-04 BY ITS MANAGER 2 2. PROPRIETOR M/S. CITY AUTOS, NO.200 LAKSHMI TOWERS, R.V.ROAD BASAVANAGUDI, BANGALORE ... RESPONDENTS (BY SRI. O. MAHESH, ADVOCATE FOR R1. SRI. T.V.SRINIVAS MURTHY, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 16.01.2007 PASSED IN MVC NO.6173/2002 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES & MEMBER, MACT, BANGALORE (SCCH-9), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN M.F.A.NO.7215 OF 2007 BETWEEN THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE-X, NO.52 VINAY COMPLEX, VANI VILAS ROAD, BASAVANGUDI, BANGALORE-560 004 BY ITS MANAGER ... APPELLANT (BY SRI. O. MAHESH, ADVOCATE) AND: 1. PRASHANTH BADEKA S/O. SHANTHILAL AGED 46 YEARS, R/AT FLAT NO.2, SECTOR 8A, BEHIND NARMADA NIKETANA, CBD BELAPUR NAVI, MUMBAI-400 614 2. M/S. CITY AUTOS, NO.200 LAKSHMI TOWERS, R.V.ROAD BASAVANAGUDI, 3 BANGALORE-560 004 BY PROPRIETOR ... RESPONDENTS (BY SRI. SHRIPAD .V. SHASTRI, ADVOCATE FOR R1. R2 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 16.01.2007 PASSED IN MVC NO.6173/2002 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES & MEMBER, MACT, BANGALORE (SCCH-9), AWARDING A COMPENSATION OF RS.18,30,616/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALISATION. THESE M.F.As. COMING ON FOR FINAL HEARING, THIS DAY, N.K. PATIL J., DELIVERED THE FOLLOWING: :J U D G M E N T: These two appeals by the claimant and insurer are directed against the impugned judgment and award dated 16/01/2007 passed in MVC No. 6173/2002 on the file of the MACT – Addl. Judge, Court of Small Causes (SCCH-9) Bangalore (hereinafter referred to as ‘ Tribunal’ for short). 2. By its judgment and award, the Tribunal has awarded a sum of Rs18,30,616/- with interest at 6% per annum from the date of petition till its realization as against the claim made by the claimant for Rs.95,00,000/-, on account of the injuries sustained in the road traffic accident. 4 3. Occurrence of the accident resulting in the injuries sustained in the road traffic accident occurred on 16.08.2002 at about 10.30 p.m. is not in dispute. The claimant has filed a claim petition under Section 166 of MV Act, claiming compensation of Rs.95,00,000/- against the owner and insurer of the offending vehicle, on account of the injuries sustained in the road traffic accident due to rash and negligent driving of the offending vehicle. The said claim petition had come up for consideration before the Tribunal. The Tribunal after appreciating the oral evidence and documentary evidence and other materials on record has allowed the claim petition in part and awarded the compensation of Rs.18,30,616/- under different heads with 6% interest per annum from the date of petition till realization. Being dis-satisfied with the impugned judgment and award passed by the Tribunal, the claimant and also insurer have presented the appeals seeking appropriate reliefs. 5 4. We have heard the learned counsel appearing for the claimant and learned counsel appearing for insurer. 5. During the course of submission, learned counsel appearing for the claimant submitted that , in view of the application filed producing additional documents i.e., income tax returns etc., this matter may be remanded back to the Tribunal to enable them to adduce additional oral and documentary evidence. 6. In reply to the said submission, learned counsel appearing for the insurer fairly submitted that the impugned judgment and award passed by the Tribunal may be set-aside and the matter may be remanded back to the Tribunal for re-consideration afresh. 7. In the light of the submission made by learned counsel appearing for both the parties, as stated supra, the matter requires re-consideration after appreciation of the documentary evidence already produced by the 6 claimant before the Tribunal and also any other documents to be produced by either party. 8. In the light of the facts and circumstances of the case as referred above, these two appeals filed by the claimant and insurer are allowed. The impugned judgment and award dated 16.01.2007 in MVC No. 6173/2002 on the file of the MACT – Addl. Judge, Court of Small Causes (SCCH-9) Bangalore is hereby set-aside. The matter is remitted back to the Court below for reconsideration afresh and dispose of the same as expeditiously as possible after appreciation of the documentary evidence already produced before it and also any other oral and documentary evidence to be adduced by either party and pass appropriate order in accordance with law expeditiously. The claimant as well as the insurer are permitted to file further necessary application to adduce further oral and documentary evidence within a period of four weeks from the date of receipt of copy of this judgment. In case such application is filed, the Tribunal is directed to consider and dispose of the same as directed above as expeditiously as possible. 7 The claimant and insurer are directed appear before the Tribunal on 29.04.2013 at 11.00 a.m. to enable them to collect the further dates of hearing. Registry is directed to refund the amount in deposit by the appellant-insurer in MVC No. 6173/2002 on the file of the MACT – Addl. Judge, Court of Small Causes (SCCH-9) Bangalore, immediately. Further, office is directed to return the entire original records to the jurisdictional Tribunal forthwith. In the event, the learned counsel appearing for the claimant files a memo for return of documents produced along with application, office is directed to return the same forthwith. In view of the remand of the matter, relief sought for in I.A.1/2012 does not survive for consideration and the said application stands disposed of as having become infructuous. SD/- JUDGE SD/- JUDGE JTR "