Partly allowed

The Divisional Manager, v. Anil Kumar

Karnataka HC18 Oct 2019MFA/101935/2016

Case brief

AI extract

What is this about?

The High Court allowed the insurance company's appeal correcting the wrong fastening of liability on the claimant's insurer. The liability was shifted to the owner and insurer of the other vehicle. The claimant's appeal seeking enhanced compensation was dismissed.

What did the court decide?

Liability fastened on owner and insurer of the other vehicle (motorcycle KA.27/L-0522) to pay the compensation awarded by the Tribunal to the claimant.

The Divisional Manager, Vs Anil Kumar — Motor Accident Claims | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF OCTOBER, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

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MFA NO.101935 OF 2016

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C/W MFA.NO.24585 OF 2013 (MV)

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IN MFA NO.101935 OF 2016 :

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BETWEEN :

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THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI.

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REPRESENTED BY DEPUTY MANAGER, ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, SUMANGALA COMPLEX, LEMINGTON ROAD, HUBBALLI-580020.

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... APPELLANT

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(BY SRI S. YAJI, ADVOCATE)

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AND :

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ANIL KUMAR S/O ISHWAR HULLATTI, AGE: 31 YEARS, OCC: PRIVATE SERVICE & AGRICULTURE, R/O: BASAVESHWAR NILAYA, UMASHANKARA NAGAR, RANEBENNUR,TQ: RANEBENNUR, DIST: HAVERI.

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RAMANAGOUDA SIDDAPPA SANNAKASHI, SINCE DECEASED BY LRS.

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SMT.RADHA W/O RAMANAGOUDA SANNAKASHI, AGE: 37 YEARS, OCC: HOUSE HOLD, R/O: CHALAGERI, TQ: RANEBENNUR, DIST: HAVERI.

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NAVEENKUMAR S/O UJJAPPA DODDAMATTIHALLI, SINCE DECEASED BY LRS. SMT.VEENA W/O NAVEENKUMAR DODDAMATTIHALLI, AGE: 35 YEARS, OCC: HOUSE HOLD, R/O: BASAVESHWAR NILAYA, UMASHANKARA NAGAR, RANEBENNUR,TQ: RANEBENNUR, DIST: HAVERI.

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THE DIVISIONAL MANAGER, UNITED INDIA INSURNCE CO. LTD., BRANCH OFFICE MUKATALI BLDG., OPP: KSRTC BUS STAND,HAVERI.

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... RESPONDENTS

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(BY SRI PRUTHVI K.S FOR R1) (SRI.GIRISH S HULMANI, ADV. FOR R2.) (NOTICE TO R3 DISPENSED WITH) (SMT.ARUNA R DESHPANDE, ADV FOR R4)

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THIS MFA IS FILED UNDER SECTION 173(1) OF M.V.ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 30.08.2013 PASSED IN MVC NO.18/2009 ON THE FILE OF THE II-ADDITIONAL DISTRICT AND SESSIONS JUDGE AT HAVERI SITTING AT RANEBENNUR.

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IN MFA NO 24585 OF 2013

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BETWEEN :

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ANIL KUMAR S/O ISHWAR HULLATTI, AGE: 29 YEARS, OCC: PRIVATE SERVICE AND AGRICULRE, R/O. BASAVESHWAR NILAYA, UMASHANKAR NAGAR, RANEBENNUR DIST: HAVERI.

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... APPELLANT

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(BY SRI.PRUTHVI K S. ADVOCATE)

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AND :

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RAMANAGOUDA SIDDAPPA SANNAKASHI, SINCE DECEASED BY HIS LRS. SMT.RADHA W/O.RAMANGOUDA SANNAKASHI, OWNER OF MOTOR CYCLE BEG.REG.NO.KA-27/L-0522, R/O: CHALAGERI VILLAGE, TQ: RANEBENNUR, DIST: HAVERI.

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NAVEENKUMAR S/O UJJAPPA DODDAMATTIHALLI, SINCE DECEASED BY HIS LRS. SMT.VEENA W/O.NAVEENKUMAR DODDAMATTIHALLI, OWNER OF MOTOR CYCLE BRG.NO.KA.27/5829, R/O BASAVESHWAR NILAYA, UMASHANKAR NAGAR, RANEBENNUR, DIST: HAVERI.

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THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, MUKTALI BUILDING, OPP: KSRTC BUS STAND HAVERI - 581 110.

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THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., ENKAY COMPLEX, KESHAVAPUR, HUBLI.

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... RESPONDENTS

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(BY SRI GIRISH S.HULMANI FOR R1)

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(NOTICE TO RESPONDENT NO.2 DISPSENSED WITH) (BY SMT. ARUNA R.DESHPANDE, ADV. FOR R3) (BY SRI S.V.YAJI, ADV FOR R4)

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THIS MFA IS FILED UNDER SECTION 173(1) OF M.V.ACT, 1988, AGAINST JUDGMENT AND AWARD DATED 30.08.2013, PASSED IN MVC.NO.18/2009 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE AT HAVERI (SETTING AT RANEBENNUR).

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THESE APPEALS ARE COMING ON FOR HERING ON INTERLOCUTORY APPLICATION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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MFA.No.101935/2016 is filed by the insurance company and MFA.No.24859/2012 is filed by the claimants challenging the judgment and award dated 30.08.2013 passed in MVC.No.18/2009 by the II Additional District and Sessions Judge at Haveri, sitting at Ranebennur (“the Tribunal” for short), whereby the Tribunal has granted

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compensation of Rs.3,05,750/- with 6% interest per annum.

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Brief facts of the case are that on

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23.05.2017 at about 11.30 hours, the claimant along with deceased Naveenkumar were travelling on a motor cycle bearing registration No.KA.27/L5829 to Ranebennur on P.B.Road. The injured claimant Sri Anilkumar Hullatti was travelling as a pillion rider. Naveenkumar was riding the motorcycle by following the traffic rules and regulations. At that time another motorcycle bearing registration No.KA.27/L-0522 came from backside and dashed against the vehicle bearing registration No.KA.27/L-5829. Due to that accident, the claimant sustained injuries and he was shifted to the Government Hospital, Harihar and thereafter to City Central Hospital, Davanagere. After recovering from the injuries, he has filed a claim petition in MVC.No.18/2009 claiming compensation of Rs.20,00,000/-.

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In order to establish his case, the

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claimant examined himself as PW.1 and one more witnesses Dr.U.R.Ullal as PW.2 and got marked 16 documents at Exs.P.1 to P.16. On the other hand, the respondents have examined two witnesses as RW1 and RW2 and got marked six documents as Exs.R.1 to R.6.

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On appreciation of the oral and documentary evidence on record, the Tribunal has granted compensation of Rs.3,05,750/with interest at the rate of 6% per annum and fastened the liability on the owner and insurer of the vehicle bearing registration No.KA.27/L-0522.

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Learned counsel appearing for the appellant- insurance company in MFA.No.101935/ 2016 has contended that the Tribunal has framed the following issues :

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Issue No.1 : Whether the petitioner proves that on 23.05.2007 at about 11.30 p.m. on P.B.Road, near Makanur village

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cross the rider of motor cycle bearing No.KA.27/L-0522 driven it in rash & negligent manner and caused the accident, due to which the petitioner sustained the injuries as alleged in the petition?

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Issue No.2 : Whether the petitioner is entitled for compensation? If so, from whom and how much?

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Issue No.3 : What order or award.

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The Tribunal held that due to rash and negligent driving by the driver of the motorcycle bearing registration No.KA.27/L-0522, the accident occurred. While fastening the liability, the Tribunal has wrongly fixed the liability on the appellant who is not the insurer of the said vehicle, but the insurer of the vehicle bearing registration No.KA.27/L-0522 is the respondent No.3 before the Tribunal. Hence, he sought for allowing this appeal.

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Per contra, learned counsel appearing for

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the claimant has contended that the Tribunal has

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granted lesser compensation in the head of pain and suffering and sought for enhancement of compensation by allowing the appeal in MFA.No.24585/2013.

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It is not in dispute that the claimant has sustained grievous injuries in the accident occurred on 23.05.2007 between two motorcycles bearing registration No.KA.27/L-5829 and KA.27/L0522. On the basis of the pleadings of the parties, the Tribunal has framed the aforesaid issues.

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Issue No.1 states that, whether the petitioner proves that on 23.05.2007 at about 11.30 p.m. on P.B.Road, near Makanur village cross the rider of motorcycle bearing No.KA.27/L0522 driven it in rash & negligent manner and caused the accident, due to which the petitioner sustained the injuries as alleged in the petition? This issue has been answered by the Tribunal in the affirmative. While passing the final order, the liability has been fixed on respondent No.4 who is

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the insurer of the vehicle bearing registration No.KA.27/L-5829.

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It is very clear that the Tribunal on the basis of the oral and documentary evidence rightly held that the accident occurred due to rash and negligent driving by the rider of the motorcycle bearing registration No.KA.27/L-0522, but the liability is wrongly fastened on the appellant insurance company.

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In view of the above, the appeal filed by the insurance company is allowed. Liability is fastened on respondent No.1, Ramanagouda Siddappa Sannakashi, since dead by his legal representatives Smt.Radha W/o Ramanagouda Sannakashi and respondent No.4- United Insurance Company herein who are the owner and insurer of the vehicle bearing registration No.KA.27/L-0522 and both of them jointly and severally are liable to pay compensation awarded by the Tribunal.

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In respect of appeal filed by the claimant is concerned, the tribunal while awarding compensation has considered the evidence of parties and deposition of Dr.U.R.Ullal-PW.2 and wound certificate and the disability certificate issued by the competent authority as Exs.P.5 and 15 respectively and rightly granted compensation under the category of loss of income due to permanent physical disability and pain and suffering. This Court does not find any error in judgment and award passed by the tribunal in respect of compensation. Accordingly, the appeal filed by the claimant in MFA.No.24585/2013 is dismissed.

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Respondent No.4-insurance company (Respondent No.3 before the trial Court) is directed to deposit the compensation awarded by the tribunal within a period of six weeks from the date of receipt of a copy of this order.

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The amount in deposit, if any, before this Court shall be transferred to the concerned tribunal forthwith.

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The registry is directed refund the amount deposited before this Court to the appellantinsurance company.

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Sd/JUDGE

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Em/Vb

The Divisional Manager, v. Anil Kumar

Case brief

What is this about?

What did the court decide?

The Divisional Manager, v. Anil Kumar

Case brief

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What did the court decide?

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