Appeal against dismissal of a claim petition seeking compensation for damage to the appellant's auto rickshaw in a collision with a lorry. The court upheld the Tribunal's finding of violation of permit conditions and expiry of the fitness certificate, and rejected the appeal.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.1280 OF 2013
(MV-DM)
BETWEEN:
R.NANJAPPA
SINCE DEAD BY LR'S,
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
ALL ARE RESIDENTS OF JAKKENAHALLI VILLAGE, IDAGURU MAJARA, KASABA HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT-561 208.
…APPELLANTS
(BY SRI. NATARAJA YADAV., ADVOCATE FOR SRI. D.NAGARAJA REDDY., ADVOCATE)
NC: 2024:KHC:11282 MFA No. 1280 of 2013
AND:
…RESPONDENTS
(BY SRI. O.MAHESH., ADVOCATE FOR R1; NOTICE TO R2-HELD SUFFICIENT V/O DATED:02.03.2016)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED: 26.11.2012 PASSED IN MVC NO.4512/2010 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri.Nataraja Yadav., learned counsel on behalf of Sri.D.Nagaraja Reddy., for the appellant has appeared in person.
Sri.O.Mahesh., learned counsel for respondent No.1 has appeared through video conferencing.
Notice to respondents was ordered on 22.04.2013. A perusal of the order sheet depicts that notice to respondent No.2 is held sufficient vide order dated:02.03.2016. He has neither engaged the services of an advocate nor conducted the case as party in person.
In response to notice, the second respondent remained absent before the Tribunal and hence, he was placed ex-parte.
The first respondent Insurance Company appeared through its counsel and filed written statement denying the petition averments. It contended that the auto rickshaw was insured with National Insurance Company Limited. Hence, the petition is bad for non-joinder of necessary party. Among other grounds, it prayed for dismissal of the petition.
Based on the above pleadings, the Tribunal framed issues, parties led evidence and marked the documents. The Tribunal vide Judgment dated:26.11.2012 dismissed the claim petition. It is this Judgment that is called into question in this appeal on several grounds as set-out in the Memorandum of appeal.
seeking compensation for the damages caused to the vehicle. The claimant contended that the accident occurred at Gauribidanur, Idagur Main Road, near Suranna's land. However, the material evidence on record depicts that he was plying the auto rickshaw outside the Gauribidanur Town Municipal Limits. Furthermore, he was carrying six passengers when he was permitted to carry only four passengers in the auto rickshaw. Hence, I have no hesitation in concluding that the Tribunal is justified in concluding that there is a violation of permit conditions.
Furthermore, the fitness had expired on 20.08.2009. However, the accident occurred on 25.02.2010. IF that be so, as on the date of the accident the auto rickshaw was not having valid fitness certificate. I find no reasons to interfere with the Judgment of the Tribunal.
For the reasons stated above, the appeal is devoid of merits and it is liable to be rejected.
rejected .
Sd/JUDGE
TKN List No.: 1 Sl No.: 23
1 issue framed by the court
Whether the Tribunal's judgment dismissing the claim for compensation for damage to the claimant's auto rickshaw requires interference?
1 provisions across 1 enactments
Smt. Narasamma (LR of R. Nanjappa)
Smt. Nirmala (LR of R. Nanjappa)
Sumitramma (LR of R. Nanjappa)
Sri. Venkata Reddy (LR of R. Nanjappa)
Royal Sundaram Alliance Insurance Co. Ltd.
K.S. Rajan
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
