Dismissed

Rustumbi W/O Hasansaheb Hulmani, v. Hanmanthappa S/O Rangappa Shirhatti

Karnataka HC30 Oct 2023MFA/100617/2015

Case brief

AI extract

What is this about?

This miscellaneous first appeal challenged the dismissal of a motor accident claim petition. The High Court held that since another claim by the deceased's family was allowed and the appellants failed to prove relationship or lack of remarriage, compensation cannot be granted twice. The appeal was dismissed.

What did the court decide?

The miscellaneous first appeal was dismissed, confirming the dismissal of the claim petition.

Rustumbi W/O Hasansaheb Hulmani, Vs Hanmanthappa S/O… — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC-D:12641 MFA No. 100617 of 2015

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 30^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.100617/2015(MV)

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BETWEEN:

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SMT. RUSTUMBI W/O. HUSANSAHEB HULMANI, AGE:57 YEARS, OCC: HOUSEHOLD, R/O: ALTAF NAGAR, NEAR MOSQUE, OLD HUBBALLI, HUBBALLI, DIST: DHARWAD.

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Digitally signed by BHARATHI H M

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ABDUL RAZAK S/O. HASANSAHEB HULMANI, AGE:41 YEARS, OCC: PVT. SERVICE, R/O: ALTAF NAGAR, NEAR MOSQUE, OLD HUBBALLI, HUBBALLI, DIST: DHARWAD. 3. ABDUL RASOOL HASANSAHEB HULMANI, AGE:36 YEARS, OCC: PVT. SERVICE, R/O: ALTAF NAGAR, NEAR MOSQUE, OLD HUBBALLI, HUBBALLI, DIST: DHARWAD.

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…APPELLANTS

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(BY SRI RAGHAVENDRA R. PUROHIT, ADVOCATE FOR SRI DINESH M. KULKARNI, ADVOCATE)

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NC: 2023:KHC-D:12641 MFA No. 100617 of 2015

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AND:

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HANMANTHAPPA S/O. RANGAPPA SHIRHATTI, AGE:MAJOR, OCC:OWNER OF VEHICLE, R/O: H.NO.119, MANTUR, TQ: HUBBALLI, DIST: DHARWAD.

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THE UNITED INDIA INSURANCE CO., LTD., BY ITS DIVISIONAL MANAGER, ENKAY COMPLEX, KESHWAPUR, HUBBALLI, DIST: DHARWAD.

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SHARANAPPA S/O FAKIRAPPA KALADGI, AGE:MAJOR, OCC:DRIVER, R/O: PRASAPUR, TQ: HUBBALLI, DIST: DHARWAD.

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…RESPONDENTS

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(BY SRI D. B. KARIGAR, ADVOCATE FOR R1; SRI S.S.KOLIWAD, ADVOCATE FOR R2; R3 ARE SERVED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT 1988, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 02.08.2014 PASSED BY 3^RD ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL HUBBALLI IN MVC NO.247/2008 AND TO ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC-D:12641 MFA No. 100617 of 2015

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JUDGMENT

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The appeal is filed by the claimants challenging the judgment and award dated 02.08.2014 passed by the learned III Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal, Hubballi, questioning the dismissal of the claim petition.

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Heard the learned counsel for the appellants and the respondents.

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In this case, the factum of accident, death of deceased in the said accident and coverage of insurance are not in dispute.

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The appeal is arising out of MVC No.247/2008. The claimants are stated to be wife and sons of the deceased. Another wife and children have filed MVC No.86/2008. The said MVC No.86/2008 is allowed and granted compensation. Appellant No.1-Smt. Rustumbi W/o Husansaheb Hulmani has remarried to another person. Further there is no proof to show that appellant Nos.2 and

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NC: 2023:KHC-D:12641 MFA No. 100617 of 2015

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3 are sons of the deceased. On these reasons, the tribunal has dismissed the claim petition.

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When appellant No.1 has remarried and there is

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no proof that appellant Nos.2 and 3 are sons of the deceased, then compensation cannot be granted. The wife and children of the deceased in MVC No.86/2008 have already been granted compensation by the tribunal. Therefore, there would not be any grant of compensation for two times. Hence, tribunal is correct in dismissing the claim petition. Hence, there is no merit found in the appeal. Hence, the appeal is dismissed accordingly.

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SD/JUDGE

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SSP List No.: 1 Sl No.: 23 CT-ASC

Rustumbi W/O Hasansaheb Hulmani, v. Hanmanthappa S/O Rangappa Shirhatti

Case brief

What is this about?

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Rustumbi W/O Hasansaheb Hulmani, v. Hanmanthappa S/O Rangappa Shirhatti

Case brief

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