Karnataka High Court

The United India Isnurance ... vs Honnappa S/O Ravatappa Benur And ... on 23 October, 2021

Author: Krishna S Dixit

         IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

     DATED THIS THE 23RD DAY OF OCTOBER, 2021

                          BEFORE

     THE HON'BLE MR.JUSTICE KRISHNA S.DIXIT

                MFA NO.200698/2016 C/W
     MFA NO.200700/2016, MFA NO.200850/2016, MFA
                  NO.200851/2016 (MV )

In MFA No.200698/2016

BETWEEN:

The United India Insurance Company Ltd.,
S.S.Front Road, Bijapur,
Represented by
Its Divisional Manager.
                                           ............ Appellant
(By Sri.Manvendra Reddy, Advocate)

AND:

1.     Honnappa S/o Ravatappa Benur @ Bannur,
       Age: 27 years, Occ: Agriculture & Coolie Work,
       R/o Gugadaddi, Post: Aliyabad,
       Tq. & Dist. Vijayapura-586 101.

2.     Sri. Harish S/o Bhagawandas Arora,
       Age about 48 years, Occ: Transport Business,
       R/o No.242, Shopping Centre, Kota,
       C/o Good-will Motor Transport Services,
       Jhalwad Road, Kota, Dist: Kota,
       State Rajsthan, Owner of Lorry
       No.RJ-20/GA.3145.
                                2



3.     Bhirappa S/o Chandrashekhar Biradar,
       Age: 43 years, Occ: Business,
       R/o Gugadaddi,
       Tq. & Dist. Vijayapura-586101
       Owner of Cruiser Jeep No.KA-20/A-7680,

4.     The Manager Legal,
       Shriram General Insurance Co. Ltd.
       E-I RIICO Industrial Area, Sitapura, Jaipur,
       Rajasthan-302022
       Policy No.1003/31/13/254165.

                                            ... Respondents
(By Sri. Bapugouda Siddappa, Advocate for R1;
R2-Held sufficient;
By Sri. Koujalagi Chandrakanth, Advocate for R3;
By Sri.Subhash Mallapur, Advocate for R4.)

       This Misc. First Appeal is filed under Section 173(1) of
the Motor Vehicles Act, praying to call for the records and set
aside the judgment and award dated 22.01.2016 passed by
the IV Addl. District & Sessions Judge and Member, MACT
No.XIII, Vijayapur, in MVC No.1690/2013, by allowing the
appeal as prayed for in the interest of justice and equity.

In MFA No.200700/2016

BETWEEN:

The United India Insurance Company Ltd.,
S.S.Front Road, Bijapur,
Represented by
Its Divisional Manager.
                                             ............ Appellant
(By Sri.Manvendra Reddy, Advocate)

AND:
                                3



1.    Suresh S/o Shivappa @ Sharanappa Gunadal,
      Age: 38 years, Occ: Agriculture & Coolie Work,
      R/o Gugadaddi, Post: Aliyabad,
      Tq. & Dist. Vijayapur-586101.

2.    Sri. Harish S/o Bhagawandas Arora,
      Age about 48 years, Occ: Transport Business,
      R/o No.242, Shopping Centre, Kota,
      C/o Good-will Motor Transport Services,
      Jhalwad Road, Kota, Dist: Kota,
      State Rajsthan, Owner of Lorry
      No.RJ-20/GA.3145.

3.    Bhirappa S/o Chandrashekhar Biradar,
      Age: 43 years, Occ: Business,
      R/o Gugadaddi,
      Tq. & Dist. Vijayapura-586101
      Owner of Cruiser Jeep No.KA-20/A-7680,

4.    The Manager Legal,
      Shriram General Insurance Co. Ltd.
      E-I RIICO Industrial Area, Sitapura, Jaipur,
      Rajasthan-302022
      Policy No.1003/31/13/254165.

                                            ... Respondents
(By Sri. Bapugouda Siddappa, Advocate for R1;
R2-Held sufficient;
By Sri. Koujalagi Chandrakanth, Advocate for R3;
By Sri.Subhash Mallapur, Advocate for R4.)

      This Misc. First Appeal is filed under Section 173(1) of
the Motor Vehicles Act, praying to call for the records and set
aside the judgment and award dated 22.01.2016 passed by
the IV Addl. District & Sessions Judge and Member, MACT
No.XIII, Vijayapur, in MVC No.1688/2013, by allowing the
appeal as prayed for in the interest of justice and equity.
                                4



In MFA No.200850/2016

BETWEEN:

Suresh S/o Shivappa @ Sharanappa Gunadal,
Age: 38 years, Occ: Agriculture & Coolie work,
R/o: Gugadaddi, Post: Aliyabad,
Tq: Dist: Vijayapura-586103.
                                           ............ Appellant
 (By Sri.Bapugouda Siddappa, Advocate)

AND:

1.     Sri. Harish S/o Bhagawandas Arora,
       Age about 48 years, Occ: Transport Business,
       R/o No.242, Shopping Centre, Kota,
       C/o Good-will Motor Transport Services,
       Jhalwar Road, Kota, Dist: Kota,
       State Rajsthan, Owner of Lorry
       No.RJ-20/GA.3145.

2.     The Divisional Manager,
       United India Insurance Co. Ltd.,
       Sangam Building, S.S.Front Road,
       Vijayapura-586101.

3.     Bhirappa S/o Chandrashekhar Biradar,
       Age: 43 years, Occ: Business,
       R/o Gugadaddi,
       Tq. & Dist. Vijayapura-586101
       Owner of Cruiser Jeep No.KA-20/A-7680,

4.     The Manager Legal,
       Shriram General Insurance Co. Ltd.
       E-I RIICO Industrial Area, Sitapura,
       Jaipur-302022 (Rajasthan State)

                                                ... Respondents
(R1-Held sufficient;
By Sri. Manvendra Reddy, Advocate for R2;
                                5


By Sri.Koujalagi Chandrakanth, Advocate for R3;
By Sri.Subhash Mallapur, Advocate for R4.)

       This Misc. First Appeal is filed under Section 173(1) of
the Motor Vehicles Act, praying to call for the records. To
modify the judgment and award dated 22.01.2016 passed in
MVC No.1688/2013 on the file of the Court of the IV
Additional District and Sessions Judge and Motor Accidents
Claims Tribunal No.XIII Vijaypur at Vijaypur. And allow this
appeal to grant the compensation amount by Rs.6,82,000/-
only as claimed by the appellant before this Hon'ble Court
and etc.



In MFA No.200851/2016

BETWEEN:

Honnappa S/o Ravatappa Benur @ Bannur,
Age: 27 years, Occ: Agriculture & Coolie work,
R/o Gugadaddi, Post: Aliyabad,
Tq: Dist: Vijayapura-586 103.
                                           ............ Appellant
 (By Sri.Bapugouda Siddappa, Advocate)

AND:

1.     Sri. Harish S/o Bhagawandas Arora,
       Age about 48 years, Occ: Transport Business,
       R/o No.242, Shopping Centre, Kota,
       C/o Good-will Motor Transport Services,
       Jhalwar Road, Kota, Dist: Kota,
       State Rajsthan, Owner of Lorry
       No.RJ-20/GA.3145.
                               6



2.    The Divisional Manager,
      United India Insurance Co. Ltd.,
      Sangam Building, S.S.Front Road,
      Vijayapura-586101.

3.    Bhirappa S/o Chandrashekhar Biradar,
      Age: 43 years, Occ: Business,
      R/o Gugadaddi,
      Tq. & Dist. Vijayapura-586101
      Owner of Cruiser Jeep No.KA-20/A-7680,

4.    The Manager Legal,
      Shriram General Insurance Co. Ltd.
      E-I RIICO Industrial Area, Sitapura,
      Jaipur-302022 (Rajasthan State)

                                               ... Respondents
(R1-Held sufficient;
By Sri. Manvendra Reddy, Advocate for R2;
By Sri.Koujalagi Chandrakanth, Advocate for R3;
By Sri.Subhash Mallapur, Advocate for R4.)

      This Misc. First Appeal is filed under Section 173(1) of
the Motor Vehicles Act, praying to call for the records. To
modify the judgment and award dated 22.01.2016 passed in
MVC No.1690/2013 on the file of the Court of the IV
Additional District and Sessions Judge and Motor Accidents
Claims Tribunal No.XIII Vijaypur at Vijaypur. And allow this
appeal to grant the compensation amount by Rs.4,41,000/-
only as claimed by the appellant before this Hon'ble Court
and etc.
      This appeals coming on for Admission this day,
KRISHNA S.DIXIT J., delivered the following:
                                7


                         JUDGMENT

The appeals in MFA No.200698/2016 and MFA

No.200700/2016 are by the insurer namely United

India Insurance Company Limited. The appeals in MFA

No.200850/2016 and 200581/2016 are by the

claimants; the appeals of the insurer and those of the

claimants lay a challenge to the same judgment and

award entered by the MACT-13 at Vijayapura.

2. The foundational facts:

a) The vehicular accident in question happened

on 13.09.2012 at around 8.30 a.m. near Indi bypass on

NH-13; the claimants were traveling in a cruiser jeep

bearing Reg.No.KA-20-A-7680 towards Bijapur; a lorry

bearing Reg.No.RJ-20-GA-3145 came from the opposite

side; because of the rash and negligent driving

attributed to both the drivers, the accident in question

happened.

b) The claimants having sustained grievous

injuries had preferred respective claim petitions which

came to be resisted by the insurer both on the ground of

liability and quantum; the MACT in MVC No.1690/2013

from which claimants appeal in MFA No.200698/2016

awarded a compensation of Rs.34,000/- with interest at

the rate of 9% per annum in MVC No.1688/2013 from

which appeal in MVC No.200850/2016 arises, the

MACT has awarded a compensation of Rs.94,000/- with

the interest at the rate of 9% per annum; both the

claimants grave that the compensation is too much on

the lower side.

c) The insurer namely United India Insurance

Company in its appeal mainly complaint against the

imposition of award liability on its shoulder on the

ground that it was a case of composite negligence and

therefore at least apportionment ought to have been

made; the learned Senior Panel Counsel for the insurer

in support of his contentions reliance upon a Division

Bench judgment in MFA No.201541/2017 C/w

200562/2017 disposed of on 17.08.2020 wherein the

claims arising from the very same accident were treated

and the award liability has been apportioned in the ratio

of 50:50 between the two offending vehicles.

3. I have heard the learned counsel for the

parties and I have perused the appeals papers and trial

court records in original; I am inclined to grant

indulgence in these appeals which are heard together

with consent, as under and for the following reasons.

a) The compensation awarded in MVC

No.1688/2013 in a sum of Rs.94,000/- as against the

claim of Rs.7,76,000/- appears to be frugal, as rightly

submitted by the counsel for the claimant; regard being

had been to the nature and gravity of injuries and the

medication the claimant has undergone with some

disability associated with this accident, I am of the

considered view that this compensation is to be

enhanced to Rs.1,55,000/- by way of a global

compensation; however no interest shall be payable

thereon.

4. In MVC No.1690/2013 the MACT has

awarded a compensation of Rs.34,000/- as against the

claim of Rs.4,75,000/-; this court notices that in

several cases compensation is claimed in astronomical

figures, may be because no ad valoram court fee is

payable; be that as it may; the nature of injury, the kind

of medical treatment the claimant has undergone with

associated disadvantages justified the award of global

compensation in a sum of Rs.65,000/- sans interest.

5. The contention of Senior panel counsel Mr.

Mavendra Reddy appearing for the insurer that in terms

of the aforesaid Division bench Judgment the

apportionment of liability between two offending

vehicles has to be in the ratio of 50:50 is sustainable.

Paragraph of 10 of the judgment reads as under:

"10. In that view of the matter, the above appeals are allowed in part. The compensation awarded by the learned Tribunal in MVC No.1978/2012 dated 16.01.2017 is enhanced by Rs.6,44,800/- with interest thereon at 9% per annum from the date of petition till the date of payment. Respondent Nos.1 to 4 are jointly and severally liable to pay the entire compensation. The compensation awarded shall be apportioned equally between respondent Nos.2 and 4 namely, 50% proportion of 50% : 50%"

6. In the above circumstances, all these

appeals are favoured in part as under;

i) In claimant's MFA No.200850/2016 arising

from MVC No.1688/2013, the award has been modified

and a global compensation of Rs.1,55,000/- without

interest is awarded; similarly in claimant's MFA

No.200851/2016 arising from MVC No.1690/2013, the

award having been modified a global compensation of

Rs.65,000/- is awarded without interest.

ii) The insurers appeals in MFA

No.200700/2016 and MFA No.200698/2016 having

been favoured. the judgment and award are modified,