Claimant-son of a man killed while travelling in a goods vehicle appealed for shifting liability to the insurer and enhancing compensation. Court held deceased was a gratuitous passenger, insurer not liable, and award already on the higher side; appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:2726 MFA No. 100147 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA MISCELLANEOUS FIRST APPEAL NO. 100147 OF 2018 (MV-D)
BETWEEN:
MARIYAPPA S/O. BASAPPA TIDI AGE:37 YEARS, OCC:AGRICULTURE, R/O: CHIKKAMADINAL TQ:GANGAVATHI, DIST:KOPPAL-583231
…APPELLANT
(BY SRI. D.V. PATTAR AND SRI. ANAND R. KOLLI, ADVOCATES)
AND:
Digitally
signed by
SAMREEN
SAMREEN AYUB
AYUB DESHNUR
DESHNUR Date:
2024.02.15
13:26:00
+0530
NATIONAL INSURANCE CO LTD M.G.CIRCLE RAICHRU-584101.
…RESPONDENTS
(BY SRI. S.V. YAJI, ADVOCATE FOR R2; NOTICE SERVED TO R1 BUT UNREPRESENTED)
NC: 2024:KHC-D:2726 MFA No. 100147 of 2018
THIS MISCELLANEOUS FIRST APPEAL FILED UNDER 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 24.08.2016 PASSED IN MVC NO.224/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI AND ALLOW THE APPEAL AND ENHANCE THE COMPENSATION IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.D.V.Pattar, learned counsel appearing on behalf of Sri.Anand R. Kolli, learned counsel for the appellant and Sri.S.V.Yaji, learned counsel for respondent No.2.
in MVC No.224/2015 dated 24.08.2016 on the file of Senior Civil Judge and MACT, Gangavathi.
A claim petition came to be filed under Section 166 of Motor Vehicles Act contending that on 04.05.2014, one Basappa was travelling in a goods vehicle bearing No.KA-51/B3164 from Bengaluru to Chikkamadinal Village at about 5.30 p.m., driver of the said vehicle near Hiriyur, drove the vehicle in a rash and negligent manner whereby, the vehicle got toppled and Basappa sustained grievous injuries and he was
shifted in a ambulance to the hospital wherein, he was declared dead.
sought for awarding appropriate compensation. Claim petition on contest, came to be allowed in part by granting sum of Rs.2,70,000/- with interest at 6% p.a. from the date of petition, saddling the liability on the owner of the vehicle as Basappa was a gratuitous passenger.
appeal.
NC: 2024:KHC-D:2726 MFA No. 100147 of 2018
Court perused the material on record, meticulously.
Insurance Company is not permissible.
ORDER
(ii) Appeal is dismissed . (iii) No order as to costs.
KAV/LIST NO.: 2 SL NO.: 36
Sd/JUDGE
2 issues framed by the court
Whether liability for death of a gratuitous passenger could be shifted to the insurer?
Whether the compensation awarded by the Tribunal warranted enhancement?
2 provisions across 1 enactments
Mariyappa s/o Basappa Tidi
Madhu @ Mudukappa s/o Basappa
The Manager, National Insurance Co Ltd, M.G.Circle Raichur
V.Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
