High Court Karnataka High Court

Sri Ummer Farooq vs The United India Insurance Co Ltd on 13 September, 2010

Karnataka High Court
Sri Ummer Farooq vs The United India Insurance Co Ltd on 13 September, 2010
Author: S.N.Satyanarayana
I
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

Dated: This the 13"" day of September 2010___ 
BEFORE ' "

THE HON'BLE MRJUSTICE S.N.SATYANA:"€A3;fA\:1§f}K;_:VA' 

M.F.A.No.131'69/2006 (Mm. 'jg  
BETWEEN: .  " " .'

SR1 UMMER FAROOQ.
s/O ABDUL RAZAK,
AGED ABOUT 25 YEARS.
R/O ANSARNAGARA,__
MANJANADY VILLAGJELO _
MANGALANTH1 POST';--- ~    _
MANGALORE TALUK, D.K,  '  _ 

   --  "   APPELLANT

(By Sri P K-"iRU?5Oi%\KP»'\5;  11

1.. THEUTNITED iNDm;-INSURANCE CO. LTD,
. _ERNAO_I-«1 O.F--FIC.E No.4, POST BOX No.14,
,,  SP1 VI'I'}'A.L MAIN ROAD. SURATHKAL,
 :ya€A1xIGALORE';"REP BY ITS BRANCH MANAGER.

V   A. KUMAR.

._ , "3/'(3.._s:2:'rsI1vAs KOTTARY,
' 'R_/.0".-SUBASH NAGARA, KUTHAR,
-- MANNUR VILLAGE, RANIPURA POST,
~~ MANGALORE TALUK, D.K.
  RESPONDENTS

G “‘._VV{By”ASRI s SRISHAILA, ADV. FOR R-1.)

THIS MFA FILED U / 5 173(1) OF MV ACT AGAINST

THE JUDGMENT AND AWARD DATED 1/3/2006

“”1

PASSED IN MVC NO.1393/O4 ON THE FILE OF THE I
ADDLDISTRICT JUDGE, MEMBER, MAc:’mi,
MANGALORE, D.K., DESMISSING THE CLAIM PETITION
FOR COMPENSATION. ”

THIS APPEAL COMING ON FOR HEA:{Ii¢a_~ _

DAY, THE COURT DELWERED THE FOLLOWING: 2′
JUSoMEN_’g___ ”

This is claimants

judgment and award dateii-~..1V.3.20CVi6 ihis * 2′

claim petition in M.V.c.Npt.t.1’E3a3/Q4 of: the fire of the

MACT-II, D.K., Manga1’ore;’«

to this appeal are as
under: 2 V 2

appVe11an..,.t’ herein is the c1aj.mant–petitioner

below. Respondents 1 and 2 are

.21*eshpectiV:e1frespondents 2 and 1 in the court below.

The’~ea:Se of the claimant is that on 17.7.2004 at

7.00 p.m he was travelling in an autorickshaw

V _fbearing Regn.No.KA~19A 3250 from Assaigoli to his

house carrying the T.V which he had taken for repair.

“””\

His case is that, on the way, the said auto capsized,

as a result, he fell down and injured his left leg

causing fracture of femur and injury to his krlgee.

Hence, he filed the petition seeking
a sum of Rs.l0 lakhs from respondents?’:”E.._@d

the court below. In the

following issues were ‘framed:

1.

Whether the pevtitioner that he
sustained ‘~injur’i.e’st motor vehicle
accident that,” aeaaaaaa ;_17.7.2004 at

abof§i’t.__ Thipplipadavu in

” Konaj ivillllage only Konaje–Deralakatte road,

‘ ._while=.h~e was _t1j_aVe1liI1g in an autorickshaw

‘li’ai.ii5e-.ari:1gd’r._ No.KA–19A–3250 as a

passenger, due to rash and negligent driving

of the said autorickshaw by its driver?

the petitioner is entitled for

‘ -.«-compensation? If so, how much and from

which of the respondent?

What order / award?

4

3. The court below after recording the

evidence and on hearing the counsel for both.___the

parties, answered issue No.1 in the negative”_Mfor”g:’the

reason that, in the said accident, the M

auto is none other than the”brotheitginwiavv_of=the’1

claimant. There is nothing on’.__rec_ord shown

the vehicle was dariiagedgjand that ‘claimant
suffered injuries in caused the driver
of the said auto. H report to

substantiateflthat the ioffendingwhvehicle was involved

in the seenlfrom the evidence of the
petitioner accident the auto capsized

resultingflu’in:hfall” of’-the claimant from the said auto,

dlidfi notvmcause even a scratch to T.V the

carrying which is highly doubtful and

c”ann.o”t’ believed. Considering the nature of

A. accident and the injury that is suffered by the

and, the claimant not examining any

independent witness to support the fact of accident

causing injuries to him and as the driver of the said

“N

auto himself has given evidence as claimants Witness

and stated that because of his negligence.i*”‘—the

accident has taken place, the court below

declined to believe the said interested_vei*ai.ont_:’of

claimant supported by none

in–law who claims to bethc drivei9”–0f thpgk/ehicieij’; lln

his evidence, the said of states
that. except the Was
nobody on the roadgwhen. ‘took place and
nobody it

things into consideration,
the a finding regarding issue

that the-Vpet_itioner–claiInant has failed to prove

‘ Vlltliat»heasus’ta_ined injury in the motor accident alleged

place on 17.7.04 at about 7.00 RM.

n-earvllifhipplipadavu in Konaje village on Konaje–

l_l)’e’ralakatte road and it is also further held that the

petitioner has failed to prove that he was travelling in

the said auto bearing Regn.No.KA–l9A–325O as a

“‘”\

passenger at the relevant point of time when it is_said

to have been driven in a rash and negligent –4rfia.fi1fie,r

by his brother–in–law.

6. On going through the’ it

and the reasoning given thereiri.,_ this court finds”

the reasons for dismissal the claim’ iust it

and proper and there reason “either to
disbelieve the said t£):tV”it;t£f:rfere with the
finding the dismissing the

claim peitition, ‘ ”

filed by the claimant is
dismissedimdthodt’,_an§..”order as to cost.

sag
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