M/S. Manjunath Cement Products Vs Chandrappa @ Chandru Parameshwarappa Chikkoppa

1 -

NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 09^TH DAY OF OCTOBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

¶7

MISCELLANEOUS FIRST APPEAL NO.22578/2013 (MV) C/W MISCELLANEOUS FIRST APPEAL NO.22577/2013 (MV) MISCELLANEOUS FIRST APPEAL NO.22579/2013 (MV) MISCELLANEOUS FIRST APPEAL NO.22580/2013 (MV) MISCELLANEOUS FIRST APPEAL NO.22581/2013 (MV) MISCELLANEOUS FIRST APPEAL NO.22582/2013 (MV) MISCELLANEOUS FIRST APPEAL NO.22583/2013 (MV) MISCELLANEOUS FIRST APPEAL NO.22584/2013 (MV) MISCELLANEOUS FIRST APPEAL NO.22585/2013 (MV) MISCELLANEOUS FIRST APPEAL NO.22586/2013 (MV) MISCELLANEOUS FIRST APPEAL NO.22587/2013 (MV)

¶8

Digitally signed by BHARATHI H M

¶9

IN MFA.NO.22578/2013:

¶10

BETWEEN:

¶11

M/S. MANJUNATH CEMENT PRODUCTS, PALA BADAMI ROAD, NARASAPUR, R/O.BETAGERI, TQ: GADAG, REPRESENTED BY ITS MANAGING PARTNER.

¶12

…APPELLANT

¶13

(BY SRI JAYAWANT KAMBALI, FOR SRI S. M. KALWAD, ADVOCATE)

¶14

AND:

¶15

SHARNAPPA VEERAPPA KALAKANNAVAR CHIKKOPPA,

¶16

2 -

¶17

NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶18

AGE: 22 YEARS, OCC: BUSINESS, R/O: NAREGAL, TQ:RON, DIST: GADAG.

¶19

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP: GLASS HOUSE, HUBBALLI.

¶20

…RESPONDENTS (BY SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI S. K. KAYAKMATH, ADVOCATE FOR R2)

¶21

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2013, MADE IN M.V.C.NO.37/2012, PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND M.A.C.T., RON, AGAINST THE APPELLANT AND CONSEQUENTLY FIX THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY.

¶22

IN MFA.NO.22577/2013:

¶23

BETWEEN:

¶24

M/S. MANJUNATH CEMENT PRODUCTS, PALA BADAMI ROAD, NARASAPUR, R/O: BETGERI, TQ: GADAG, REPRESENTED BY ITS MANAGING PARTNER.

¶25

…APPELLANT

¶26

(BY SRI JAYAWANT KAMBALI, FOR SRI S. M. KALWAD, ADVOCATE)

¶27

AND:

¶28

CHANDRAPPA @ CHANDRU PARAMESHWARAPPA CHIKKOPPA,

¶29

3 -

¶30

NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶31

AGE: 22 YEARS, OCC: BUSINESS, R/O: NAREGAL, TQ: RON, DIST: GADAG.

¶32

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP: GLASS HOUSE, HUBBALLI.

¶33

…RESPONDENTS (BY SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI S. K. KAYAKMATH, ADVOCATE FOR R2)

¶34

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2013 MADE IN M.V.C.NO.36/2012 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND M.A.C.T., RON, AGAINST THE APPELLANT AND CONSEQUENTLY FIX THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY.

¶35

IN MFA.NO.22579/2013:

¶36

BETWEEN:

¶37

M/S. MANJUNATH CEMENT PRODUCTS, PALA BADAMI ROAD, NARASAPUR, R/O: BETGERI, TQ: GADAG, REPRESENTED BY ITS MANAGING PARTNER.

¶38

…APPELLANT

¶39

(BY SRI JAYAWANT KAMBALI, FOR SRI S. M. KALWAD, ADVOCATE)

¶40

AND:

¶41

VEERAPPA RACHAPPA WALI, AGE: 50 YEARS, OCC:BUSINESS,

¶42

4 -

¶43

NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶44

R/O: NAREGAL, TQ: RON, DIST: GADAG.

¶45

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP: GLASS HOUSE, HUBBALLI.

¶46

…RESPONDENTS (BY SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI S. K. KAYAKMATH, ADVOCATE FOR R2)

¶47

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2013 MADE IN M.V.C.NO.38/2012 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND M.A.C.T., RON, AGAINST THE APPELLANT AND CONSEQUENTLY FIX THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY.

¶48

IN MFA.NO.22580/2013:

¶49

BETWEEN:

¶50

M/S. MANJUNATH CEMENT PRODUCTS, PALA BADAMI ROAD, NARASAPUR, R/O: BETGERI, TQ: GADAG, REPRESENTED BY ITS MANAGING PARTNER.

¶51

…APPELLANT

¶52

(BY SRI JAYAWANT KAMBALI, FOR SRI S. M. KALWAD, ADVOCATE)

¶53

AND:

¶54

ERAVVA MALLAPPA KATI, AGE: 56 YEARS, OCC:HOUSEWIFE,

¶55

5 -

¶56

NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶57

R/O: NAREGAL, TQ: RON, DIST: GADAG.

¶58

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP: GLASS HOUSE, HUBBALLI.

¶59

…RESPONDENTS

¶60

(BY SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI S. K. KAYAKMATH, ADVOCATE FOR R2)

¶61

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2013 MADE IN M.V.C.NO.39/2012 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND M.A.C.T., RON AGAINST THE APPELLANT AND CONSEQUENTLY FIX THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY.

¶62

IN MFA.NO.22581/2013:

¶63

BETWEEN:

¶64

M/S. MANJUNATH CEMENT PRODUCTS, PALA BADAMI ROAD, NARASAPUR, R/O: BETGERI, TQ: GADAG, REPRESENTED BY ITS MANAGING PARTNER.

¶65

…APPELLANT

¶66

(BY SRI JAYAWANT KAMBALI, FOR SRI S. M. KALWAD, ADVOCATE)

¶67

AND:

¶68

CHANNAMMA KALAKAPPA KATI, AGE: 51 YEARS, OCC:HOUSEWIFE,

¶69

6 -

¶70

NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶71

R/O: NAREGAL, TQ: RON, DIST:GADAG.

¶72

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP: GLASS HOUSE, HUBBALLI.

¶73

…RESPONDENTS (BY SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI S. K. KAYAKMATH, ADVOCATE FOR R2)

¶74

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2013 MADE IN M.V.C.NO.40/2012 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND M.A.C.T., RON, AGAINST THE APPELLANT AND CONSEQUENTLY FIX THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY.

¶75

IN MFA.NO.22582/2013:

¶76

BETWEEN:

¶77

M/S. MANJUNATH CEMENT PRODUCTS, PALA BADAMI ROAD, NARASAPUR, R/O: BETGERI, TQ: GADAG, REPRESENTED BY ITS MANAGING PARTNER.

¶78

…APPELLANT

¶79

(BY SRI JAYAWANT KAMBALI, FOR SRI S. M. KALWAD, ADVOCATE)

¶80

AND:

¶81

BASAPPA VEERABASAPPA @ VEERAPA KATI, AGE: 61 YEARS, OCC: AGRICULTURE,

¶82

7 -

¶83

NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶84

R/O: NAREGAL, TQ: RON, DIST: GADAG.

¶85

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP: GLASS HOUSE, HUBBALLI.

¶86

…RESPONDENTS (BY SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI S. K. KAYAKMATH, ADVOCATE FOR R2)

¶87

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2013 MADE IN M.V.C.NO.41/2012 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND M.A.C.T., RON, AGAINST THE APPELLANT AND CONSEQUENTLY FIX THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY.

¶88

IN MFA.NO.22583/2013:

¶89

BETWEEN:

¶90

M/S. MANJUNATH CEMENT PRODUCTS, PALA BADAMI ROAD, NARASAPUR, R/O: BETGERI, TQ: GADAG, REPRESENTED BY ITS MANAGING PARTNER.

¶91

…APPELLANT

¶92

(BY SRI JAYAWANT KAMBALI, FOR SRI S. M. KALWAD, ADVOCATE)

¶93

AND:

¶94

AKKAMMA URF NEELAVVA W/O. BASANAGOUDA KIRTIGOUDAR @ MURADI,

¶95

8 -

¶96

NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶97

AGE: 51 YEARS, OCC: HOUSEHOLD, R/O: NAREGAL, TQ: RON, DIST: GADAG.

¶98

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP: GLASS HOUSE, HUBBALLI.

¶99

…RESPONDENTS (BY SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI S. K. KAYAKMATH, ADVOCATE FOR R2)

¶100

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2013 MADE IN M.V.C.NO.42/2012 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND M.A.C.T., RON, AGAINST THE APPELLANT AND CONSEQUENTLY FIX THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY.

¶101

IN MFA.NO.22584/2013:

¶102

BETWEEN:

¶103

M/S. MANJUNATH CEMENT PRODUCTS, PALA BADAMI ROAD, NARASAPUR, R/O: BETGERI, TQ: GADAG, REPRESENTED BY ITS MANAGING PARTNER.

¶104

…APPELLANT

¶105

(BY SRI JAYAWANT KAMBALI, FOR SRI S. M. KALWAD, ADVOCATE)

¶106

AND:

¶107

SUBHASH S/O SHIVAPPA MAVINAKAI, AGE: 41 YEARS, OCC: BUSINESS,

¶108

9 -

¶109

NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶110

R/O: NAREGAL, TQ: RON, DIST: GADAG.

¶111

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP: GLASS HOUSE, HUBBALLI.

¶112

…RESPONDENTS (BY SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI S. K. KAYAKMATH, ADVOCATE FOR R2)

¶113

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2013 MADE IN M.V.C.NO.43/2012 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND M.A.C.T., RON, AGAINST THE APPELLANT AND CONSEQUENTLY FIX THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY.

¶114

IN MFA.NO.22585/2013:

¶115

BETWEEN:

¶116

M/S. MANJUNATH CEMENT PRODUCTS, PALA BADAMI ROAD, NARASAPUR, R/O: BETGERI, TQ: GADAG, REPRESENTED BY ITS MANAGING PARTNER.

¶117

…APPELLANT

¶118

(BY SRI JAYAWANT KAMBALI, FOR SRI S. M. KALWAD, ADVOCATE)

¶119

AND:

¶120

BASAVVA BASAPPA MAVINAKAI, AGE: 61 YEARS, OCC: HOUSEHOLD,

¶121

10 -

¶122

NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶123

R/O: NAREGAL, TQ: RON, DIST: GADAG.

¶124

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP: GLASS HOUSE, HUBBALLI.

¶125

…RESPONDENTS (BY SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI S. K. KAYAKMATH, ADVOCATE FOR R2)

¶126

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2013 MADE IN M.V.C.NO.44/2012 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND M.A.C.T., RON, AGAINST THE APPELLANT AND CONSEQUENTLY FIX THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY.

¶127

IN MFA.NO.22586/2013:

¶128

BETWEEN:

¶129

M/S. MANJUNATH CEMENT PRODUCTS, PALA BADAMI ROAD, NARASAPUR, R/O: BETGERI, TQ: GADAG, REPRESENTED BY ITS MANAGING PARTNER.

¶130

…APPELLANT

¶131

(BY SRI JAYAWANT KAMBALI, FOR SRI S. M. KALWAD, ADVOCATE)

¶132

AND:

¶133

DEVAKKA W/O. KALAKAPPA KATI, AGE: 66 YEARS, OCC:HOUSEHOLD,

¶134

11 -

¶135

NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶136

R/O: NAREGAL, TQ: RON, DIST:GADAG.

¶137

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP: GLASS HOUSE, HUBBALLI.

¶138

…RESPONDENTS (BY SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI S. K. KAYAKMATH, ADVOCATE FOR R2)

¶139

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2013 MADE IN M.V.C.NO.45/2012 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND M.A.C.T., RON, AGAINST THE APPELLANT AND CONSEQUENTLY FIX THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY.

¶140

IN MFA.NO.22587/2013:

¶141

BETWEEN:

¶142

M/S. MANJUNATH CEMENT PRODUCTS, PALA BADAMI ROAD, NARASAPUR, R/O: BETGERI, TQ: GADAG, REPRESENTED BY ITS MANAGING PARTNER.

¶143

…APPELLANT

¶144

(BY SRI JAYAWANT KAMBALI, FOR SRI S. M. KALWAD, ADVOCATE)

¶145

AND:

¶146

NINGAPPA CHANNABASAPPA KOLAKAR, AGE: 41 YEARS, OCC: BUSINESS,

¶147

12 -

¶148

NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶149

R/O: NAREGAL, TQ: RON, DIST: GADAG.

¶150

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP: GLASS HOUSE, HUBBALLI.

¶151

…RESPONDENTS

¶152

(BY SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI S. K. KAYAKMATH, ADVOCATE FOR R2)

¶153

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2013 MADE IN M.V.C.NO.46/2012 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND M.A.C.T., RON, AGAINST THE APPELLANT AND CONSEQUENTLY FIX THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY.

¶154

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

¶155

JUDGMENT

¶156

These appeals are filed by the owner of Ashok Leyland lorry No.KA-26/5598 challenging the judgment and award dated 28.02.2013, passed by the tribunal in

¶157

MVC Nos.37, 36, 38, 39, 40, 41, 42, 43, 44, 45, 46 of 2012, questioning the liability fixed on the appellant owner of lorry.

¶158

13 - NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶159

The factum of accident and the claimants

¶160

sustaining injuries are not in dispute. The only disputed fact is that owner of the lorry is not liable to pay compensation on the ground that the driver of lorry was not holding driving licence to drive the lorry.

¶161

Heard the arguments and perused the records.

¶162

In the present case the tribunal while determining and awarding compensation has fastened liability to pay compensation on the owner of Ashok Leyland lorry No.KA-26/5598, on the reason that there is no evidence to prove that the driver of lorry was holding driving licence to drive the lorry.

¶163

5. The learned counsel for appellant owner of lorry

¶164

has filed I.A.No.3/2013 under Order 41 Rule 27 of CPC for production of additional evidence which are extract of

¶165

14 - NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶166

driving licence and endorsement issued by the RTO, Gadag. The appellant has produced Xerox copy of the driving licence of the driver before the tribunal which does not give clear picture regarding dates of renewal. In the additional evidence of extract of driving licence, the renewal date commences from 17.05.2012 and onwards. But the accident is caused on 12.04.2012.

¶167

The endorsement from the RTO, Gadag, is produced showing the driving licence validity date as 14.05.2010 to 13.05.2013. The learned counsel for insurance company submitted that there is mismatch of the particulars of renewal of driving licence and endorsement coupled with Xerox copy of the driving licence. Therefore, there is a disputed fact arises here whether as on the date of accident the driver was holding driving licence or not. This cannot be answered in this

¶168

15 - NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶169

appeal unless receiving evidence in the trial. The RTO is not examined. Therefore, to decide this disputed fact regarding whether the driver was holding driving licence or not to drive Ashok Leyland lorry as on the date of accident is to be decided as a disputed fact by receiving evidence by the tribunal. Therefore, on this aspect the matter is liable to be remanded to the tribunal.

¶170

Accordingly the appeals are allowed. The judgments and awards dated 28.02.2013, passed by the Senior Civil Judge and MACT, Ron, in MVC Nos.37, 36, 38, 39, 40, 41, 42, 43, 44, 45, 46 of 2012, are set aside and the matter is remanded to the tribunal for consideration afresh on this point only without touching any other issue. After deciding the disputed fact as observed above, the tribunal can decide the cases as per law.

¶171

16 - NC: 2023:KHC-D:12192 MFA No. 22578 of 2013 C/W MFA No. 22577 of 2013 MFA No. 22579 of 2013 MFA No. 22580 of 2013 MFA No. 22581 of 2013 MFA No. 22582 of 2013 MFA No. 22583 of 2013 MFA No. 22584 of 2013 MFA No. 22585 of 2013 MFA No. 22586 of 2013 MFA No. 22587 of 2013

¶172

The above observations shall not constitute as

¶173

observations on merits of the case. The contents of driving licence are kept open. On this aspect both the parties are at liberty to lead additional evidence either oral or documentary or both, if they are so advised.

¶174

The parties shall appear before the tribunal on

¶175

01.12.2023 without waiting for any notice from the tribunal. The tribunal shall dispose of the matters within four months thereafter.

¶176

The amount in deposit shall be transmitted to the tribunal.

¶177

HMB, MRK List No.: 2 Sl No.: 33 CT-ASC

¶178

SD/JUDGE

M/S. Manjunath Cement Products v. Chandrappa @ Chandru Parameshwarappa Chikkoppa

Case brief

What is this about?

What did the court decide?

M/S. Manjunath Cement Products v. Chandrappa @ Chandru Parameshwarappa Chikkoppa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ravindra Shankar Kudachi Vs Basavaraj Fakirappa Morabad

Sri Raghavendra Venkatesh Burli Vs Mr Shekarayya Ningayya Tawargeri

Sri Raghavendra Venkatesh Burli Vs Mr Hanamantha Mulchand Garag

M/S. Manjunath Cement Products Vs Ningappa Channabasappa Kolakar

Royal Sundaram Allainace Insurance Co.Ltd., Vs Raju @ Rajappa S/O Giriyappa

Royal Sundaram Allainace Insurance Co.Ltd., Vs Ramappa Siddappa Gondyal