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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

- 3 -

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

- 4 -

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

- 6 -

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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