Insurer appealed against a motor accident compensation award, contesting only the Rs.75,000 granted for love and affection and raising policy-transfer and non-involvement objections. The court found no grounds were raised on those points, upheld the Tribunal's award, and dismissed 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.
NC: 2024:KHC:9433 MFA No. 4775 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.4775 OF 2014(MV-D)
BETWEEN:
THE MANAGER, RELIANCE GENERAL INS CO. LTD., MAGANUR COMMERCIAL COMPLEX, B.D.ROAD, CHITRADURGA, NOW REPRESENTED BY MANAGER LEGAL.
…APPELLANT
(BY SMT. PADMA.S.UTTUR., ADVOCATE FOR SRI. ASHOK.N.PATIL., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
ALL ARE R/O SHAMANUR VILLAGE, DAVANAGERE TALUK AND DISTRICT.
NC: 2024:KHC:9433 MFA No. 4775 of 2014
SINCE THE RESPONDENT NO.3 IS MINOR, HENCE HE IS REPRESENTED BY HIS MOTHER RESPONDENT NO.2 AS NATURAL GUARDIAN.
NOTICE TO R5 HELD SUFFICIENT- V/O DATED: 26.04.2019)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED: 18.01.2014 PASSED IN MVC NO.97/2012 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT-5, DAVANAGERE.
NC: 2024:KHC:9433 MFA No. 4775 of 2014
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Smt.Padma S.Uttur., learned counsel on behalf of Sri.Ashok N.Patil., for the appellant has appeared in person.
On the 08th day of December 2011 at about 9:30 am., one Ravi Kumar and deceased Santhosh Kumar were
NC: 2024:KHC:9433 MFA No. 4775 of 2014
proceeding on a motorcycle bearing Registration No.KA-17-ED964 from Shamanur Village to Davanagere and at that time, the deceased Santhosh Kumar was riding the motorbike in a moderate speed with following all the traffic rule and regulations and while proceeding near last bus stop, Vidyanagar, Davanagere and while turning the motorbike towards left side by giving signal, the driver of a Car bearing Registration No.KA-03-MB-8878 drove the same in a rash and negligent manner from back side and hit against the motorcycle. Due to the impact, the deceased Santhosh Kumar sustained grievous injuries and later succumbed to the injuries. The dependants of the deceased Santhosh Kumar filed claim petition seeking compensation.
In response to the notice, respondents appeared through their counsel and filed separate objections and denied the petition averments. Among other grounds, they 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:18.01.2014 partly allowed the
NC: 2024:KHC:9433 MFA No. 4775 of 2014
petition. It is this Judgment that is called into question in this appeal on several grounds as set-out in the Memorandum of appeal.
Heard, the contentions urged on behalf of the appellant and perused the appeal papers and the records with utmost care.
NC: 2024:KHC:9433 MFA No. 4775 of 2014
Learned counsel for the Insurance Company fairly submits that the Insurance Company is not disputing the compensation awarded towards funeral expenses, loss of dependency and medical expenses.
The grievance of the Insurance Company is only to the extent of compensation awarded towards love and affection. Suffice it to note that the deceased left behind his father, mother and minor brother. The Tribunal extenso referred to the material on record and rightly awarded compensation of Rs.75,000/- (Rupees Seventy Five Thousand only) towards love and affection.
The contention regarding non-involvement and nontransfer of policy, cannot be considered. The reason is simple. The appeal is restricted only to the compensation awarded under the head of love and affection. Furthermore, no grounds are raised.
For the reasons stated above, the appeal is devoid of merits and the same is liable to be dismissed.
NC: 2024:KHC:9433 MFA No. 4775 of 2014
dismissed .
Sd/JUDGE
TKN List No.: 1 Sl No.: 27
1 issue framed by the court
Whether the Tribunal's award of Rs.75,000 towards love and affection required interference.
1 provisions across 1 enactments
The Manager, Reliance General Ins Co. Ltd.
Sri. Vrushabhendra Chari @ Vrushabhendrappa
Smt. Sharadamma
Master Indrakumar
N.C.Ravi Kumar
V.Manjunath
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
