Allowed

Smt.Josphin Timoti Rampurkar v. Sri Praveen Baban Gaonkar

Karnataka HC12 Feb 2024MFA/102432/2016

Case brief

AI extract

What is this about?

In a first appeal under Section 173(1) of the MV Act, 1988, the High Court set aside a tribunal order that dismissed a Section 163A claim. Recognizing an undisputed additional premium of Rs.50/-, the Court awarded maximum personal accident compensation of Rs.1,00,000/- with interest.

What did the court decide?

Judgment and award of MVC No.837/2013 set aside; claim petition allowed for Rs.1,00,000/- with 6% interest; Insurance Company given six weeks to deposit compensation.

Smt.Josphin Timoti Rampurkar Vs Sri Praveen Baban Gaonkar — Insurance | Karnataka HC (2024)

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NC: 2024:KHC-D:3375 MFA No. 102432 of 2016

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V.SRISHANANDA MISCELLANEOUS FIRST APPEAL NO.102432 OF 2016 (MV-D)

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BETWEEN:

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SMT. JOSPHIN TIMOTI RAMPURKAR, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O: PONDA, GOA, NOW RESIDING AT PEERANWADI, 590014 TQ and DIST: BELAGAVI-

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…APPELLANT

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(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE)

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AND:

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SRI. PRAVEEN BABAN GAONKAR, AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.220, OKMAB DHARBANDORA, SANGUEM, GOA, NORTH GOA-403 401 (OWNER OF MOTOR CYCLE NO.GA-02/Q-6401)

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Digitally signed
by SAMREEN
SAMREEN AYUB
AYUB DESHNURDate:
DESHNUR 2024.02.23
17:00:28
+0530

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, RAMDEV GALLI, BELAGAVI-590002.

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…RESPONDENTS

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(BY SRI. VITTAL S.TELI, ADVOCATE FOR R1; SRI. G.N. RAICHUR, ADVOCATE FOR R2)

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THIS M.F.A. IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:13.01.2016 PASSED IN MVC NO.837/2013 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS M.F.A., COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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2 - NC: 2024:KHC-D:3375 MFA No. 102432 of 2016

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JUDGMENT

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Though the matter is listed for orders, by consent of parties, the matter is taken up for final disposal.

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Heard Smt. Geeta K.M. @ Pawar, learned

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counsel for the appellant and Shri. G. N. Raichur, learned counsel for respondent No.2.

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Unsuccessful claimant is before this Court challenging the validity of judgment and award passed in MVC No.837/2013 dated 13.01.2016 on the file learned II Additional District Judge, Belagavi.

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Facts in brief which are utmost necessary for

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disposal of the present appeal are as under:

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4.1. On 05.11.2010 at 21.45 hours Abraham Timoti

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Rampurkar was proceeding on a motor cycle bearing registration No.GA-02/Q-6401 from Usgon Tisk towards Dharabondra near the house of on Xavier met with a road traffic accident and lost his life. His wife laid a claim under Section 163A of the Motor Vehicles Act, 1988 (for short ‘M.V. Act’).

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3 - NC: 2024:KHC-D:3375 MFA No. 102432 of 2016

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Tribunal on contest dismissed the claim petition

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on the ground that the deceased step into the shoe of the owner and therefore, the claimant is not entitled for any compensation.

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In the case on hand, Insurance policy is marked at Ex.R.1. There is a payment of additional premium of Rs.50/- which would cover the personal accident claims.

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However, since the additional payment of premium of Rs.50/-, is not in dispute, maximum amount that would be awarded under the personal accident claims is Rs.1,00,000/-.

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The said aspect of the matter is not considered by the Tribunal while passing he impugned judgment resulting in miscarriage of justice.

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Therefore, a case is made out to the claimant to allow the claim petition in a sum of Rs.1,00,000/- with interest at the rate of 6% per annum from the date of petition till realization.

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4 - NC: 2024:KHC-D:3375 MFA No. 102432 of 2016

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In view of foregoing discussion, the following order is passed:

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ORDER

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(i) Appeal is allowed.

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(ii) Judgment and award passed in MVC No.837/2013 dated 13.01.2016 on the file learned II Additional District Judge, Belagavi, is hereby set aside.

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(iii) Claim petition allowed in a sum of Rs.1,00,000/- with interest at the rate of 6% per annum from the date of petition till realization.

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(iv) Insurance Company is granted six weeks time to deposit the compensation.

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Sd/JUDGE

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SMM

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List No.: 2 Sl No.: 11

Smt.Josphin Timoti Rampurkar v. Sri Praveen Baban Gaonkar

Case brief

What is this about?

What did the court decide?

Smt.Josphin Timoti Rampurkar v. Sri Praveen Baban Gaonkar

Case brief

What is this about?

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