Reliance General Insurance Co. Ltd. Vs Naveen Kumar M @ Naveen

RELIANCE GENERAL INSURANCE CO. LTD., UNNATTI ARCADE 5/111 & 6/112 1^ST FLOOR, 1^ST MAIN, 1^ST BLOCK, DR RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU – 560 010,

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Digitally signed NOW REPRESENTED BY ITS MANAGER, by RELIANCE GENERAL INSURANCE COMPANY LTD., PADMASHREE NO 28, 5^TH FLOOR, SHEKHAR EAST WING, CENTENARY BUILDING, DESAI M G ROAD, Location: High BENGALURU – 560 001. Court Of Karnatka …APPELLANT (BY SRI. ASHOK N PATIL., ADVOCATE) AND: 1. NAVEEN KUMAR M @ NAVEEN, NOW AGED ABOUT 29 YEARS, S/O R MARIYAPPA, KELIGINA DINAMAGHATTANAHALLI,

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HC-KAR

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KENKERE GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT.

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SHIVASHANKARAPPA C V, MAJOR, S/O VENKATARAVANAPPA, R/AT CHOLASHETTYHALLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT, (R C OWNER CUM DRIVER OF CAR REG NO KA-40-A-3160)

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SRI MOHAMMAD SUBHANI, MAJOR, CIVIL ENGINEER, S/OLATE KHADER HUSSAIN SAB, DNO 9-273 20/3/447, II STREET, MANSOOR NAGAR, COMMUNIST ARCHY, NELLORE – 524011, A. P., (R C OWNER OF CAR REG NO AP-26-BC-0300)

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SRI S ABDUL KHAYUM, MAJOR IN AGE, S/O ABDUL RAHIM, R/AT D NO 11-19 JETTI PALLEM STREET, VAYALPAD TOWN AND MANDAL, (DRIVER OF CAR REG NO AP-26-BC-0300).

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…RESPONDENTS (BY SRI. H.N. VENKATESH., ADVOCATE FOR SRI. CHANDRASHEKARA N, ADVOCATE FOR R1, SRI. V.C. SUDEEP, ADVOCATE FOR R2, SRI MAHANTESH S HOSMATH, ADVOCATE FOR R3, R4 SERVED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19/01/2019, PASSED IN MVC NO.1376/2017, ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE & XX ACMM., & MEMBER, MACT, BENGALURU (SCCH-24), AWARDING COMPENSATION OF RS.2,67,800/-

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WITH INTEREST AT THE RATE OF 8% P.A., FROM THE DATE OF PETITION, TILL DEPOSIT. (EXCEPT FUTURE MEDICAL EXPENSES).

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IN MFA NO. 4487/2019:

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BETWEEN:

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RELIANCE GENERAL INSURANCE CO. LTD., UNNATTI ARCADE 5/111 & 6/112, 1^ST FLOOR, 1^ST MAIN, 1^ST BLOCK, DR RAJKUMAR ROAD, RAJAJINAGAR BENGALURU – 560 010

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NOW REPRESENTED BY ITS MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD., NO 28 5^TH FLOOR, EAST WING, CENTENARY BUILDING, M G ROAD, BENGALURU – 560 001

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...APPELLANT

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(BY SRI. ASHOK N PATIL., ADVOCATE)

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AND:

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C V RAMAKRISHNA @ RAMAKRISHNAPPA, NOW AGED ABOUT 47 YEARS, S/O VENKATARAMANAPPA, R/AT CHOLASHETTYHALLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT.

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SHIVASHANKARAPPA C V, MAJOR, S/O VENKATARAVANAPPA, R/AT CHOLASHETTYHALLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT, (R C OWNER CUM DRIVER OF CAR REG NO KA-40-A-3160)

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HC-KAR

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SRI MOHAMMAD SUBHANI, MAJOR, CIVIL ENGINEER S/O LATE KHADER HUSSAIN SAB, DNO 9-273 20/3/447, II STREET MANSOOR NAGAR, COMMUNIST ARCHY, NELLORE – 524011, A. P., (R C OWNER OF CAR REG NO AP-26-BC-0300)

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SRI S ABDUL KHAYUM, MAJOR IN AGE, S/O ABDUL RAHIM, R/AT D NO 11-19, JETTI PALLEM STREET, VAYALPAD TOWN AND MANDAL, (DRIVER OF CAR REG NO AP-26-BC-0300).

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...RESPONDENTS

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(BY SRI. H.N. VENKATESH., ADVOCATE FOR SRI. CHANDRASHEKARA N, ADVOCATE FOR R1, SRI. V.C. SUDEEP, ADVOCATE FOR R2, SRI MAHANTESH S HOSMATH, ADVOCATE FOR R3, R4 SERVED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:19.1.19, PASSED IN MVC NO.1374/2017 ON THE FILE OF THE XXII ASCJ & XX ACMM & MEMBER MACT, BENGALURU, [SCCH-24], AWARDING COMPENSATION OF RS.3,19,600/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.

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IN MFA NO. 4488/2019:

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BETWEEN:

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RELIANCE GENERAL INSURANCE CO. LTD., UNNATTI ARCADE 5/111 & 6/112, 1^ST FLOOR, 1^ST MAIN, 1^ST BLOCK, DR RAJKUMAR ROAD,

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HC-KAR

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RAJAJINAGAR BENGALURU – 560 010 NOW REPRESENTED BY ITS MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD., NO 28 5^TH FLOOR, EAST WING, CENTENARY BUILDING, M G ROAD, BENGALURU – 560 001

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...APPELLANT

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(BY SRI. ASHOK N PATIL., ADVOCATE)

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AND:

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C V NARAYANASWAMY, NOW AGED ABOUT 37 YEARS, S/O VENKATARAMANAPPA, R/AT NO. 161, CHOLASHETTYHALLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DIST.

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SHIVASHANKARAPPA C V, MAJOR, S/O. VENKATARAVANAPPA, R/AT CHOLASHETTYHALLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DIST. (RC OWNER CUM DRIVER OF CAR REG NO. KA-40-A-3160)

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SRI. MOHAMMAD SUBHANI MAJOR, CIVIL ENGINEER, S/O. LATE. KHADER HUSSAIN SAB, D.NO. 9-273, 20/3/447, II STREET, MANSOOR NAGAR, COMMUNIST ARCHY, NELLOR 524011, A.P, (RC OWNER OF CAR REG NO. AP 26-BC-0300)

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HC-KAR

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SRI. S ABDUL KHAYUM, MAJOR IN AGE, S/O. ABDUL RAHIM, R/AT NO. D.NO. 11-19, JETTI PLLEM STREET, VAYALPAD TOWN AND MANDAL, (DRIVER OF CAR REG NO. AP-26-BC-0300)

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...RESPONDENTS

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(BY SRI. H.N. VENKATESH., ADVOCATE FOR SRI. CHANDRASHEKARA N, ADVOCATE FOR R1, SRI. V.C. SUDEEP, ADVOCATE FOR R2, SRI MAHANTESH S HOSMATH, ADVOCATE FOR R3, R4 SERVED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:19.01.2019 PASSED IN MVC NO.1375/2017 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSE JUDGE & XX ACMM & MEMBER, MACT, BENGALURU (SCCH-24), AWARDING COMPENSATION OF RS.4,98,700/WITH INTEREST AT THE RATE OF 8% P.A., FROM THE DATE OF PETITION, TILL DEPOSIT.

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IN MFA NO. 4490/2019:

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BETWEEN:

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RELIANCE GENERAL INSURANCE CO. LTD., UNNATTI ARCADE 5/111 & 6/112, 1^ST FLOOR, 1^ST MAIN, 1^ST BLOCK, DR RAJKUMAR ROAD, RAJAJINAGAR BENGALURU – 560 010 NOW REPRESENTED BY ITS MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD., NO 28 5^TH FLOOR, EAST WING, CENTENARY BUILDING, M G ROAD, BENGALURU – 560 001

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...APPELLANT

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(BY SRI. ASHOK N PATIL., ADVOCATE)

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AND:

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PRAVEEN KUMAR M, NOW AGED ABOUT 22 YEARS, S/O R MARIYAPPA, KELIGINA DINAMAGHATTANAHALLI, KENKERE GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT.

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SHIVASHANKARAPPA C V, MAJOR, S/O VENKATARAVANAPPA, R/AT CHOLASHETTYHALLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT, (R C OWNER CUM DRIVER OF CAR REG NO KA-40-A-3160)

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SRI MOHAMMAD SUBHANI, MAJOR, CIVIL ENGINEER, S/OLATE KHADER HUSSAIN SAB, DNO 9-273 20/3/447, II STREET MANSOOR NAGAR, COMMUNIST ARCHY, NELLORE – 524011, A. P., (R C OWNER OF CAR REG NO AP-26-BC-0300)

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SRI S ABDUL KHAYUM, MAJOR IN AGE, S/O ABDUL RAHIM, R/AT D NO 11-19, JETTI PALLEM STREET, VAYALPAD TOWN AND MANDAL, (DRIVER OF CAR REG NO AP-26-BC-0300).

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...RESPONDENTS

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(BY SRI. H.N. VENKATESH., ADVOCATE FOR SRI. CHANDRASHEKARA N, ADVOCATE FOR R1, SRI. V.C. SUDEEP, ADVOCATE FOR R2,

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SRI MAHANTESH S HOSMATH, ADVOCATE FOR R3, R4 SERVED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19/01/2019, PASSED IN MVC NO.1377/2017, ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE & XX ACMM., & MEMBER, MACT, BENGALURU (SCCH-24), AWARDING COMPENSATION OF RS.30,000/- WITH INTEREST AT THE RATE OF 8% P.A., FROM THE DATE OF PETITION, TILL DEPOSIT.

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THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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The learned counsel of the appellant-Reliance General Insurance Company Ltd. and the learned counsel for claimants are present.

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Learned counsel for respondent Nos.2, 3 and 4 are

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absent.

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Heard the arguments of both sides.

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These appeals are filed by the Insurance Company

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against the common judgment and award dated 19.01.2019 by

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the XXII ASCJ & XX ACMM & Member, MACT, Bengaluru in MVC Nos. 1374/2017, 1375/2017, 1376/2017 and 1377/2017.

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The facts of the cases are that, on 28.11.2016, while petitioners were proceeding in a car bearing No.KA-40-A-3160, the driver of the said car driven it in a rash and negligent manner and dashed to the car bearing No.AP-26-BC-0300 which was coming from opposite direction. In view of the same, both the vehicles colluded with each other and the claimants sustained severe injuries. So considering the said fact, the charge sheet is filed against the driver of the car bearing No.AP-26-BC-0300. Respondent Nos.3 and 4 are the owner and driver, of the car bearing No.AP-26-BC-0300. The Tribunal considering the fact that there was collusion of both the vehicles, fixed up the liability at the rate of 50% on each of the vehicles and directed all respondent Nos.1 to 4 to deposit the amount. Respondent Nos.1 and 2 have to deposit 50% of the compensation and respondent Nos.3 and 4 have to deposit 50% of the compensation. Aggrieved by the said order, respondent No.2-insurance company has preferred all these appeals.

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Learned counsel for the appellant-insurance company, in all the appeals, mainly contended that there is no negligence of the driver of the car bearing No.KA-40-A-3160, and the accident occurred only due to the negligence of the driver of the car bearing No.AP-26-BC-0300 and thus, requested to exonerate them from paying the compensation. It is further stated that the Tribunal has not properly considered FIR, charge sheet and other documents. One Shaikh Akbar Ali gave complaint before the police stating that the driver of the car bearing No.AP-26-BC-0300 was solely responsible and as such, the charge sheet is also filed against the owner and driver of the said car. The owner and insurer of the car bearing No.KA40-A-3160 are not necessary parties and thus, requested to set aside the impugned judgment to an extent of their liability.

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As per Exhibit P.2-complaint, it is seen that immediately after the accident, the said complaint was given by S Akbar Ali, s/o. Anwar Basha, on 31.11.2016 stating that he was working in Soudi Arabia. About a year back, he came to Vayalpadu from Soudi Arabia. While he was returning to Saudi Arabia on 28.11.2016, he left Vayalpadi in a car bearing

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No.AP-26-BC-0300. He was dropped in the airport and on the next day morning, he came to know that the car driver S. Abdul Khayyam was driving the said car bearing No.AP-26-BC0300 with high speed, as there was snow in front of the car, he had not noticed the opposite car No.KA-40-A-3160 and dashed the same. As a result, both the cars colluded with each other and the inmates in both the cars sustained injuries, as such the complainant requested to take action against driver of car bearing No.AP-26-BC-0300. It was registered as Crime No. 162 of 2016 and the charge sheet is also filed against the owner and driver of the car bearing No.AP-26-BC-0300. The Tribunal considered the fact that there was collusion of both the vehicles and fixed up the liability against respondent Nos.1 and 2 also without any basis. Therefore, this Court finds that it is just and reasonable to exonerate the liability against the appellant herein (respondent No.2 before the Tribunal).

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Learned counsel for the respondent-claimants has relied upon the judgment of this Court in the case of

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Karnataka State Road Transport Corporation, by its Managing Director Vs. Arun @ Aravind and others

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reported in ILR 2004 Kar 2,6 in which it was contended that when two or more vehicles are involved, compensation can be recovered by claimants from any one of the joint tort feasors. The Learned counsel also relied upon another judgment of this High Court in the case of United India insurance company Ltd. Vs. R. Chandra Reddy and others decided in MFA No.11278 of 2008 dated 27.06.2012, in which it was held as follows:

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“accident occurring due to composite negligence of two or more vehicles, the claimant can proceed against any one of the joint tortfeasers is in accordance with the principles laid down in Ganesh case referred to supra. In such a case, it is not necessary for the Tribunal to determine the percentage of negligence on the part of each of the tortfeasers, unless, one of the joint tortfeasers asks for such determination so as to enable such joint tortfeaser to proceed against the other joint tortfeaser in the event of claimant proceeding to recover the entire compensation amount from one of the joint tortfeasers.”

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Here, this is not a case of composite negligence of

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both the vehicles. The charge sheet is filed against the owner and driver of the car bearing No. No.AP-26-BC-0300. The claim petitions are filed against respondent Nos.1 and 2 before the Tribunal also. If at all the charge sheet is filed against the

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drivers of both vehicles, then it can be treated as composite negligence of both the drivers. The learned counsel of the respondent-claimants further contended that there was mist at that time and as such, both the drivers could not see the vehicle. But, for the reasons best known to the Investigating Officer, charge sheet is only filed against respondent Nos.3 and 4 in view of the complaint given under Exhibit P.2 and it was not challenged by them, therefore now it cannot be presumed that there was composite negligence. Therefore, both the judgments relied upon by the claimant's counsel are not applicable in this case.

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