2022 Supreme(Online)(Kar) 43058
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MFA No. 101890 of 2017
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 31ST DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
MISC. FIRST APPEAL NO. 101890 OF 2017 (MV-)
BETWEEN:
1.
1A.
IRAPPA VEERAPPA S/O NINGAPPA ARRESEMI
DECEASED BY LRS
NEELAVVA W/O IRAPPA ARRESEMI,
AGE:41 YEARS, OCC:COOLIE
R/O. YALAGACH, TQ:HAVERI-581110.
1B. SUDHA D/O. IRAPPA ARRESEMI
AGE:19 YEARS, OCC:COOLIE
R/O. YALAGACH, TQ:HAVERI-581110.
1C. BASAVARAJ S/O IRAPPA ARRESEMI,
AGE:13 YEARS, OCC: STUDENT
R/O. YALAGACH, TQ:HAVERI-581110.
(SINCE APPELLANT NO.1 (C) IS MINOR,
HIS MOTHER GUARDIAN NATURAL MOTHER
PETITIONER NO. 1(A)
NEELAVVA W/O.IRAPPA ARRESEMI)
…APPELLANTS
(BY SRI B.M. PATIL, ADVOCATE)
AND:
1.
SEETARAMSHETTY S/O MAHABALASHETTY
KANNUKAR THEKKAT, TQ:KUNDAPUR,
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MFA No. 101890 of 2017
DIST:UDAPI-576213.
(OWNER OF THE TRUCK LORRY NO. MEZ/7755)
2.
THE MANAGER UNITED INDIA
INSURANCE COMPANY LTD.,
(BRANCH OFFICE P.O NO. 18,
KANCHANA TOWERS,
NH-17, KUNDAPUR-576219.
…RESPONDENTS
(BY SMT. PREETI SHASHANK, ADV. FOR RESPONDENT NO.2)
(NOTICE
TO
RESPONDENT
NO.1-SERVED
AND
UNREPRESENTED)
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND
AMACT, HAVERI IN MVC.NO.149/2004 DATED 30.01.2016 BY
ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
An accident occurred on 19.03.2004 when the
claimant-Irappa was walking on the road and was
hit by a Truck. The Truck also collided with three
other people.
As a result of the collision, as per Ex.P.84
the
Wound
Certificate,
Irappa
lost
loss
of
movement in both lower limbs. As per Ex.P.86, it is
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clear that Irappa was admitted in the Government
Hospital
at
Kundapur
from
19.03.2004
to
24.03.2004 and thereafter was admitted in the
Government Wenlock District Hospital at Mangaluru
from 25.03.2004 to 21.05.2004. The discharge
summary of Wenlock Hospital records the final
diagnosis as follows :
“Comminuted left tibia, fibula with
post traumatic paraplegia.”
3.
Thus, in respect of an accident which
occurred on 19.03.2004, as of 21.05.2004, Irappa
was unable to move both his legs. In otherwords
the medical evidence on record indicates that the
Irappa had lost his mobility completely.
4.
Dr.Mahantesh Hanchinal an Orthopedic
Surgeon has given a certificate as per Ex.P.85,
which reads as follows :
“This is to certify that Shri Irappa
S/o.Ningappa Arresemi aged 51 years of
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Yalagach now residing at Dharwar was under
my treatment from 30.6.04 to 25.3.05 an
indoor
as
well
as
outdoor
patient
for
traumatic
paraplegia
(spine
fracture)
a
comminuted fracture of (L) tibia (L) fibula.
He had met with RTA on 19.3.04 and
was treated at Govt. Hospital, Kundapur
from 19.3.04 to 24.3.04 an indoor patient.
Then he was admitted in Wenlock Hospital-
Mangalore from 25.3.04 to 21.5.04. After
that he was in the house.
He
came
to
me
on
30.6.04
with
paraplegia
with
caltieterizah-pop
cart–
bedsore and septic treatment. I treated him
as indoor patient from 30.6.04 to 15.7.04
and
gave
him
physiotherapy-bedsore
bedridden dressing done –antibiotic given.
He was discharged on 15.7.04 with advice of
bedsore
care-dressing
bladder
care
and
medicine. After that he used to come too
OPD treatment once in 10 days.
Again he was admitted under my care
from 12.12.04
to 27.12.04
with urinary
infection and infected bedsore. Treatment
was given and again discharged on 27.12.04
with advice of bladder irrigation –bedsore
care and high protein diet etc., After that he
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used
to
come
an
outdoor
patient
for
treatment once in 15 days, but his general
condition and immune status was decreasing
due to paraplegia-infection, bedsore etc.,
Again he was admitted under my care
from 28.2.05 to 25.3.05 with all treatment of
septicemia-anemia
with
hypoproteinaem-
reral failure etc., I treated him with all
medicine and discharged on 25.3.05 with
advise to take him have as there was less
hope of recovery due to worsening of the
above said injuries. At the time of discharge
he was having permanent physical disability
of 95% to the whole body.”
5. As could be seen from the Ex.P.85, as a
result
of
the
accident,
Irappa
had
suffered
paraplegia and was bedridden resulting in him
suffering from bedsores and from septic infection.
Dr.Mahantesh Hanchinal infact has stated that
from 30.06.2004 till 15.07.2004 he had given him
physiotherapy and had also treated his bedsore.
The said Doctor also stated that thereafter he once
again admitted him on 12.12.2004 to 27.12.2004
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with a urinary tract infection and also with infected
bedsores. He has also stated that he had treated
Irappa as an outdoor patient once in 15 days, but
his general condition and immune status was
decreasing due to paraplegia infection, bedsore,
etc.,
The
Doctor
states
that
he
was
finally
admitted from 28.02.2005 to 25.03.2005 with all
features
of
septicemia
anemia
with
hypo
hypoproteinaem reral failure and he treated him
and discharged him on 25.03.2005 with an advise
to his family members to take him home due to
low hopes of recovery which was the result of
worsening of the injuries.
6. Thus, the medical evidence clearly indicates
that Irappa had become bedridden as a result of
the accident and he was suffering the resultant
consequences
of
being
completely
bedridden.
Ultimately, Irappa passed away on 16.04.2005.
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