ORIENTAL INSURANCE CO LTD Vs. SHIVANNA NANJEGOWDA

JUDGEMENT

(1.) THIS appeal by the appellant-insurance company is directed against the judgment and award dated 21/2/2006 passed in MVC No.931/03 by the MACT., Tumkur challenging the compensation awarded to R-1/claimant.

(2.) FACTS in brief are: R-1 lodged a claim petition before the MACT., Tumkur stating that on 4.6.2003 at about 3-30 p.m. while he was carrying a submersible pump and proceeding towards bus-stand of Kestur village, a motor cycle bearing No.KA-06-S-885 ridden by its rider came in a rash and negligent manner from his behind and dashed against him. On account of the impact, his left hand was completely crushed and he was admitted to District hospital, Tumkur and thereafter he was shifted to Abhaya Hospital, Bangalore where he stayed there for 16 days during which period his left hand came to be amputated due to which he is unable to carry on his avocation which has resulted in loss of income. Therefore he lodged the claim petition.

(3.) AFTER hearing the learned counsel for the parties and on perusal of the records produced before us, it is noticed by us that the claimant has alleged that he sustained crush injury to his left upper arm on 4.6.2003 at about 3-30 p.m. on account of the motor cycle dashing against him. Kestur village is very near to Tumkur City. It is situated at a distance of about 10 to 15 Kms. from Tumkur City. In the petition, claimant has stated that immediately after the accident he was taken to Tumkur General Hospital. But records speak that he was shifted to Abhaya Hospital, Bangalore which is known for treating psychiatric and neurological patients. Ex.P-3 is the disability certificate issued by Abhaya Hospital, Bangalore which shows that the claimant was admitted to hospital on 4.6.2003 and was discharged on 6.6.2003. During his stay in the hospital under general anesthesia his left upper limb was amputated above the elbow. Doctor has assessed the disability of 80% to his left upper limb. Ex.P-2 is the wound certificate issued by the District Hospital, Tumkur which says that in an accident claimant's left upper limb was amputated and he visited the hospital on 16.6.2003 and the doctor says that age of the wound may be of one week, which clearly shows that the allegations made in the petition that immediately after the accident he had been to Tumkur District Hospital for treatment is false and on the contrary he has visited District Hospital, Tumkur on 16.6.2003 and that his left upper arm was amputated at Abhaya Hospital, Bangalore on 5.6.2003. We entertained a doubt by looking into Ex.P-2 & 3 in regard to the actual incident. On close examination of the records produced by the claimant it discloses that the claimant had not lodged any complaint before the police. On the contrary, a PCR was filed before the JMFC, Tumkur in PCR No. 199/2003 on 26.7.2003, one month 20 days after the incident and based on the same Court directed the police to investigate and submit their report under Sec. 156(3) of Cr.P.C. On investigation, police have filed B-Report stating that such an accident had not taken place. Filing of B-Report and filing of alleged complaint under Sec. 200 of Cr.P.C. were produced by the insurance company. Inspite of production of these documents, tribunal held that there was an accident. On noticing the documents produced by the respondents as per D-Series and the medical records, we directed the respondent-claimant to appear before this Court since very filing of the claim petition before the tribunal was based on false allegations.