Bibi Salma vs Mahesh and Others

N.K. Patil, J.—This appeal by the appellant- claimant is directed against the impugned judgment and award dated 18/08/2014, passed in MVC No. 861/2012, by the Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Kundapura, (for short ''Tribunal'').

By its judgment and award, the Tribunal has awarded a sum of Rs. 10,81,765/- under different heads with interest at 6% p.a., on Rs. 10,31,765/- (excluding future medical expenses) from the date of petition till the date of deposit as against the claim of the appellant for a sum of Rs. 75,75,000/-, on account of the injuries sustained by her in the road traffic accident that occurred on 25.4.2012 at about 6.45 p.m. near Akshaya Petrol bunk on NH.17, Theranamakki, Bengre village, when she was proceeding as passenger from Murdeshwara to Bhatkal side in auto bearing Reg. No. KA.47.4648 on account of the rash and negligent driving by the driver of Bolero pick up bearing reg. No. KA.31.7737. Being aggrieved by the quantum of compensation and the rate of interest awarded by the Tribunal, the appellant has presented this appeal.

We have heard learned counsel appearing for the appellant and learned counsel appearing for 2nd respondent-Insurer.

Learned counsel appearing for appellant at the outset submitted that, during the pendency of this appeal, appellant has filed I.A. No. 1/2015 seeking direction to the District Medical Board/District Disability Assessment Committee, District Hospital, Udupi to assess the disability of the appellant suffered on account of injuries sustained by her in the road traffic accident. The said application was allowed by this Court on 19.8.2015, directing the said authority to assess the disability of the appellant on account of injuries and to submit the report. Further he submits that, in pursuance of the said order, the said authority has submitted the report on 24.11.2015 with all details regarding the disability suffered by the appellant. Therefore, he submitted that, disability assessed by the said authority may be accepted and the impugned judgment and award passed by the Tribunal may be modified by awarding just and reasonable compensation on the ground that the amount awarded by the Tribunal under different heads is inadequate and it requires enhancement having regard to the nature of injuries sustained by the appellant.

As against this, learned counsel Sri. O. Mahesh appearing for 2nd respondent-Insurer has vehemently submitted that the report submitted by the District Medical Board/District Disability Assessment Committee, District Hospital, Udupi, cannot be accepted in toto without affording reasonable opportunity to the Insurer to cross examine the Doctor and the appellant to see the authenticity of the disability assessed by the said authority and the appropriate forum to do all such exercise is the jurisdictional Tribunal and therefore, he submitted that the matter requires reconsideration by the Tribunal after affording opportunity to the parties to lead additional oral and documentary evidence. Therefore, he submitted that the impugned judgment and award passed by the Tribunal be set aside and matter be remitted back to the jurisdictional Tribunal for reconsideration afresh after affording reasonable opportunity to both the parties to adduce oral and documentary evidence and to pass appropriate orders in accordance with law.

In the light of the submission made by learned counsel appearing for both the parties as stated supra and having regard to the peculiar facts and circumstances of the case and also in view of the latest medical report submitted by the District Medical Board/District Disability Assessment Committee, District Hospital, Udupi dated 24.11.2015, we are of the view that the impugned judgment and award passed by the Tribunal cannot be sustained and the matter requires reconsideration afresh by the Tribunal. To meet the ends of justice and to safeguard the interest of both the parties, it would suffice for this Court to issue appropriate direction to the parties. Therefore, without expressing any opinion on the merits and demerits of this case, the impugned judgment and award passed by the Tribunal is liable to be set aside and the matter requires reconsideration afresh by the Tribunal.

For the foregoing reasons, the appeal filed by the appellant is allowed.

The impugned judgment and award dated 18/08/2014, passed in MVC No. 861/2012, by the Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Kundapura, is hereby set aside and the matter is remitted back to the jurisdictional Tribunal to reconsider the same afresh and to pass appropriate orders in accordance with law, after affording reasonable opportunity to the appellant and the Insurer personally or through their counsel and dispose of the same, as expeditiously as possible, at any rate, within a period of six months from the date of appearance of the parties before the Tribunal.

Both the appellant and 2nd respondent Insurer are permitted to file necessary application before the Tribunal to lead additional oral and documentary evidence, if any, within a period of four weeks from the date of receipt of a copy of this judgment.

If such applications are filed either by the appellant or by the Insurer, the Tribunal is directed to receive the same and pass appropriate orders, in accordance with law and then proceed with the matter as per the above directions issued by this Court.

Both the parties are directed to appear before the Tribunal on 11th January 2016 at 11.00 a.m personally or through their counsel to collect the next date of hearing without further notice from the Tribunal.

All the contentions urged in this appeal are left open.

Registry is directed to return the entire original records, including the medical report received from the District Medical Board/District Disability Assessment Committee, District Hospital, Udupi, to the jurisdictional Tribunal immediately.

Further the jurisdictional Tribunal is directed to issue copy of the medical report dated 24.11.2015 submitted by the District Medical Board/District Disability Assessment Committee, District Hospital, Udupi, to the learned counsel appearing for the appellant and the learned counsel appearing for 2nd respondent-Insurer immediately on receipt of the original records.