Karnataka High Court
Smt. Laxmi @ Minakshi vs Shantkumar And Anr on 29 July, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5443
MFA No. 201786 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.201786 OF 2022 (MV-D)
BETWEEN:
1. SMT. LAXMI @ MINAKSHI
W/O LATE NAGENDRA NAKAMAN,
AGE: 33 YEARS, OCC: HOUSEHOLD,
R/O. KERI BHOSGA VILLAGE,
TQ. AND DIST. KALABURAGI.
2. ADITYA S/O LATE NAGENDRA,
AGE: 13 YEARS, OCC: MINOR
3. SHARDA D/O LATE NAGENDRA
AGE: 10 YEARS, OCC: MINOR
APPELLANT NO.2 AND 3 ARE MINOR AND
Digitally signed
U/G OF THEIR NATURAL MOTHER APPELLANT NO.1
by RENUKA
Location: HIGH ...APPELLANTS
COURT OF
KARNATAKA
(BY SMT. PATIL SHANTABAI SUBHASH, ADVOCATE)
AND:
1. SHANTKUMAR
S/O SHIVASHARNAPPA,
AGE: MAJOR, R/O. KERI BHOSAGA
TQ. AND DIST. KALABURAGI-585104.
2. MANAGER HDFC ERGO DIC LTD. GEN.
INSURANCE, TIMMAPURI CHOWK,
-2-
NC: 2024:KHC-K:5443
MFA No. 201786 of 2022
STATION BAZAR,
KALABURAGI-585102.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2 AND
R1-SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
CALL FOR RECORDS AND SET ASIDE THE IMPUGNED
JUDGMENT AND AWARD DATED 02.12.2021 PASSED BY THE III
ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI, IN
MVC NO.490/2019 AND PLEASED TO ALLOW THE CLAIM
PETITION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. This appeal is by the appellants/claimants challenging the dismissal of their claim petition by the Tribunal.
2. The appellants lodged a complaint contending that the deceased was traveling on a two wheeler and an unknown driver of a four wheeler hit his two wheeler from behind. As a result of which, the deceased sustained grievous injuries and ultimately succumbed to the same. -3-
NC: 2024:KHC-K:5443 MFA No. 201786 of 2022
3. The vehicle in question was owned by respondent No.1 and was covered under a statutory policy, thereby meaning, only the risk of 2 third parties were covered.
4. The deceased being a rider of the vehicle cannot be a third party and therefore, the question of him being covered under the policy would not arise.
5. The Tribunal has dismissed the claim taking note of the 'C' report filed by the Police, in which the Police have stated that despite seven months of investigation, they were unable to locate the four-wheeler which was stated to have hit the two-wheeler of the deceased. The Tribunal accordingly came to the conclusion that the owner of the vehicle could not be made liable since the vehicle was covered only with a statutory policy. The Tribunal in fact observed that it was possible that the death occurred as a result of the hit-and-run.
6. In my view, the findings of the Tribunal cannot be found fault with. Since, no other vehicle was involved, the -4- NC: 2024:KHC-K:5443 MFA No. 201786 of 2022 question of considering the case as one of the composite negligence would not arise.
7. The exoneration of the liability of the owner of the vehicle and the insurance company cannot also therefore be found fault with. However, as has been observed by the Tribunal, the death occurred most probably as a result of hit-and-run.
8. The evidence also indicates that the motor cycle was found on the road and the deceased had suffered grievous injuries and his body was transported through an ambulance.
9. In my view, the findings of the Tribunal that it was a hit-and-run case will have to be accepted and as per Section 161 of the Motor Vehicles Act, 1988, as it stood then, the appellants would be entitled to a sum of Rs.25,000/- as compensation.
10. The appeal is accordingly disposed of directing the respondent No.2-insurance company to pay the aforesaid -5- NC: 2024:KHC-K:5443 MFA No. 201786 of 2022 compensation to appellants under Section 161 of the Motor Vehicles Act, within a period of four weeks from the date of receipt of a copy of this judgment.
11. The entire compensation amount shall be disbursed to appellant No.1.
Sd/-
(N.S.SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 55 CT: VD