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    NATIONAL INSURANCE CO., LTD., v. CHANNABASAYYA S/O BASAYYA VIRAKTIMATH,

    - 1 -

    NC: 2023:KHC-D:13122 MFA No. 100846 of 2014

    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

    DATED THIS THE 9THDAY OF NOVEMBER, 2023

    BEFORE

    THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100846/2014(MV)

    BETWEEN:

    NATIONAL INSURANCE CO., LTD.,

    THE BRANCH MANAGER, RAMDEV GALLI,

    BELAGAVI, REPRESENTED THROUGH

    ITS REGIONAL OFFICE, ARIHANT PLAZA,

    KUSUGAL ROAD, HUBBALLI,

    REPRESENTED BY ITS DY. MANAGER.

    …APPELLANT

    (BY SMT. PREETI SHASHANK AND

    SRI SHASHANK S. HEGDE, ADVOCATE)

    AND:

    1. CHANNABASAYYA S/O. BASAYYA VIRAKTIMATH,

    AGE: 47 YEARS, OCC: AGRICULTURAL AND COOLIE,

    R/O: SANIKOPPA, TQ: BAILHONGAL,

    DIST: BELAGAVI.

    2. SRI PRAKASH S/O. BHIMANAGOUDA JAMADAR,

    AGE: MAJOR, OCC: BUSINESS,

    OWNER OF MOTOR CYCLE BEARING

    NO.KA-24/K-3570, R/O: SUNNAL,

    TQ: RAMADURG, DIST: BELAGAVI.

    …RESPONDENTS

    (BY SRI HANAMANT R. LATUR, ADVOCATE FOR R1;

    R2 IS SERVED)

    THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR

    VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS

    CONNECTED WITH MVC NO.1452/2011 ON THE FILE OF THE SENIOR

    CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS

    TRIBUNAL, BAILHONGAL AT BAIHONGAL EXAMINE THE SAME AND

    SET ASIDE THE AWARD DATED 18.11.2013 AGAINST THE

    APPELLANT AND ETC.,

    - 2 -

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE

    COURT DELIVERED THE FOLLOWING:

    JUDGMENT

    The present appeal is filed by the insurance company questioning the manner of accident.

    2. Brief facts of the case are that the claimant and his son were proceeding by holding bicycle on the left side of the road. At that time, rider of motor cycle bearing No.KA- 24/K-3570 came from Bailhongal with high speed, in rash and negligent manner and dashed the claimant, due to which claimant sustained injuries. The tribunal has awarded compensation by fastening the liability on the appellant-insurance company.

    3. Heard the learned counsel for the parties and perused the material on record.

    4. It is the submission made by the learned counsel for the appellant-insurance company that claimant had fallen from the bicycle and it is not a road traffic accident and he

    - 3 -

    places reliance on the Ex.P64(a)-Case sheet of the KLE Hospital, Belagavi that history of accident is mentioned as fallen from bicycle. Therefore, suspected involvement of the motorcycle and thus prays to allow the appeal.

    5. On the other hand, learned counsel for the respondents-claimants submitted that immediately after the accident, the claimant was admitted to the Government Hospital, Belagavi. Therein, the information given to the hospital is Road traffic accident and the same is mentioned in the wound certificate-Ex.P4. Also in EX.P.64-case sheet of KLE hospital, Belagavi, it is mentioned as "Medico legal case". Therefore, submitted that unless motorcycle hit the claimant, it could not be mentioned as Medico Legal Case. Therefore, it is the case of road traffic accident. Hence, the trial court has correctly assessed the evidence and justified the judgment and award passed by the tribunal.

    6. In the present case, the accident was caused on 01.07.2010 at night 9 p.m. Admittedly, claimant was

    - 4 -

    admitted to the Government Hospital, Bailhongal soon after the accident and the claimant was attended at 11.30 p.m. on the same day. Ex.P.4-wound certificate issued by the Government Hospital, Belagavi, wherein, it is stated that the claimant was admitted to hospital with a history of 'Road Traffic Accident'. Wound certificate issued to the police during the course of investigation, it is mentioned that wound certificate is issued based on the case sheet/action register maintained in the hospital. Therefore, in the wound certificate, where it is mentioned as RTA, it is nothing but reflection of accident register/case sheet maintained by the Government Hospital.

    7. Even though, in the Ex.P.64-case sheet of KLE Hospital, Belagavi, it is mentioned that fallen from bicycle and the same is giving two meanings, one is fallen from bicycle and another is some other vehicle hit the bicycle. It is mentioned in the case sheet that he has fallen from the bicycle. Therefore fallen from bicycle is also amounting

    - 5 -

    that bicycle was hit by any other vehicle. Hence, it is also having meaning that fallen from bicycle. Moreover, in Ex.P.64-case sheet, the case is mentioned as 'Medico Legal Case'. If it is only fallen from bicycle, it cannot be mentioned as "Medico Legal Case". Therefore, by considering all the evidence on record, as discussed above and appreciated on all its preponderance of probability, it is proved that claimant has sustained injuries in the Road Traffic Accident and that is correctly approved by the tribunal. Hence, judgment of tribunal does not require any interference by this court.

    8. Accordingly, I proceed to pass the following:

    ORDER

    i) Appeal is dismissed.

    ii) The judgment and award passed in MVC No.1452/2011 by the Senior Civil Judge and Addl. MACT., Bailhongal is confirmed.

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    iii) No orders as to costs.

    iv) Draw decree accordingly. Sd/-

    JUDGE

    HMB

    List No.: 1 Sl No.: 24 CT-ASC

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    NATIONAL INSURANCE CO., LTD., v. CHANNABASAYYA S/O BASAYYA VIRAKTIMATH,
    (Nov 9, 2023)