The Divisional Manager, National ... vs Nabi Patel S/O Bhasha Sab And Ors
2021 Latest Caselaw 2992 Kant

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         IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

       DATED THIS THE 26TH DAY OF JULY, 2021

                       BEFORE

 THE HON'BLE MR.JUSTICE NATARAJ RANGASWAMY

             MFA No.200172/2017 (MV)

BETWEEN:

THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO.LTD.,
OPP. MINI VIDHAN SOUDHA,
STATION ROAD, KALABURAGI.

                                       ... APPELLANT

(BY SRI. DEEPAK V. BARAD, ADVOCATE)


AND:


01.    NABI PATEL S/O BHASHA SAB
       AGE: 38 YEARS OCC: COOLIE


02.    ZAIRABEE W/O NABI PATEL
       AGE: 33 YEARS OCC: HOUSEHOLD & COOLIE

       BOTH R/O: KOBAL VILLAGE
       TQ: JEWARGI DIST:KALABURAGI
       NOW RESIDING AT PLOT NO.79,
       DEVA NAGAR, OLD JEWARGI ROAD,
       KALABURAGI - 585 103.
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03.   RAJSHEKHAR S/O MALLIKARJUN
      AGE: 43 YEARS OCC: OWNER OF VEHICLE
      BEARING NO.KA.23/8834
      R/O: HEROOR (B),
      TQ & DIST: KALABURAGI - 586 103

                                          ... RESPONDENTS

(BY SRI. CHAITANYKUMAR C.M. ADV., FOR R1 & R2
BY SRI. M. M. ALLUR, ADVOCATE FOR R3)


      THIS MISCELLANEOUS FIRST            APPEAL   IS    FILED

UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT

1988 PRAYING TO ALLOW THE ABOVE MISC. FIRST

APPEAL AND CONSEQUENTLY BE PLEASED TO MODIFY THE

JUDGMENT AND AWARD DATED 11.11.2016 PASSED BY

THE COURT OF THE III ADDL. SENIOR CIVIL JUDGE &

M.A.C.T.   AT   KALABURAGI    IN   MVC.NO.610/2014        AND

CONSEQUENTLY       BE   PLEASED    TO     DISCHARGE       THE

APPELLANT       FROM    ITS   LIABILITY     TO     PAY    THE

COMPENSATION AND ALSO BE PLEASED TO REDUCE THE

COMPENSATION SUITABLY.


      THIS APPEAL COMING ON FOR ADMISSION THIS

DAY, THE COURT DELIVERED THE FOLLOWING:-
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                        JUDGMENT

This appeal is filed by the Insurer challenging the

liability imposed upon it to pay the compensation awarded

by the Tribunal in terms of its order dated 11.11.2016 in

MVC.No.610/2014.

02. The Tribunal had considered the claim of

compensation in respect of the death of minor son of

respondents No.1 and 2 herein. The Tribunal after

considering the evidence on record had awarded the

following compensation:-

  Sl.                Heads                        Amount
  No.
   1     Towards Loss of Dependency              Rs.5,10,000/-

   2     Towards Loss of Love and                Rs.0,20,000/-
         Affection
   3     Towards Transportation of dead          Rs.0,25,000/-
         body and funeral expenses
         Total                              Rs.5,55,000/-

03. The Tribunal directed the Insurer to pay the

compensation along with interest.

04. Being aggrieved by the Judgment and Award of

the Tribunal, the present appeal is filed.

05. It is the contention of the Insurer that the

driver of the offending vehicle did not possess the required

endorsement to drive a Transport Vehicle but was

authorized to drive only a Light Motor Vehicle. This

contention of the Insurer is squarely covered by the

decision of the Hon'ble Supreme Court reported in (2017)

14 SCC 663 in the case of Mukund Dewangan vs.

Oriental Insurance Company Limited.

In that view of the matter, the appeal is dismissed.

The amount in deposit is ordered to be transferred to

the Tribunal for necessary orders.

Sd/-

JUDGE KJJ