Yamanappa S/O Chidanand Natekar vs Devindra @Devanna And Anr
2022 Latest Caselaw 873 Kant

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           IN THE HIGH COURT OF KARNATAKA

                   KALABURAGI BENCH


      DATED THIS THE 19TH DAY OF JANUARY, 2022

                           BEFORE


         THE HON'BLE MRS. JUSTICE J.M.KHAZI

               MFA.No.201436/2017 (MV)


Between:

01.    Yamanappa s/o Chidanand Natekar
       Age: 26 Years Occ: Owner of Vehicle
       No.KA-28-M-3526,
       R/o: Janta Colony,
       Kembhavi
       Tq: Shorapur Dist: Yadgiri
       Pin Code No.585 101.
                                                    ... appellant


            (By Sri. Babu H. Metagudda, Advocate)


And:


01.    Devindra @ Devanna s/o Ramanna @ Ramappa Devikeri
       Age: 18 Years Minor,
       Occ: Labour, through his Natural Father
       Ramanna @ Ramappa s/o Sahebanna Devikeri
       Age: 50 Years Occ: Coolie,
       R/o: Kembhavi
       Tq: Shorapur Dist: Yadgiri
       Pin Code No.585 101.
                                 2




02.   Goudappagouda s/o Basanagouda Patil
      Age: 52 Years Occ: Agril,
      Owner of Tractor No.KA-32-T-3806,
      R/o: Balabatti Tq: Jewargi
      Dist: Kalaburagi
      Pin Code No.585 101.

03.   The Branch Manager,
      Oriental Insurance Co. Ltd,
      No.14-163, Shop No.5
      Seeri Complex
      Jewargi
      Dist: Kalaburagi.
      Pin Code No.585 310.
                                                 ... respondents


             (By Sri. Ganesh Naik, Advocate for R1
               By Sri. J. Augustin, Advocate for R3
                  Vide order dated 01.02.2018,
          notice to respondent No.2 is dispensed with)

      This Miscellaneous First Appeal is filed under Section 173

(1) of the Motor Vehicles Act, 1988 praying to call for the

records in MVC.No.272/2015 on the file of the Senior Civil Judge

and Additional MACT, at - Shorapur and allow the appeal and

set-aside the judgment and award dated 13.07.2016 passed in

MVC.No.272/2015 by the Senior Civil Jude and Additional MACT

at Shorapur and direct the proposed respondent No.3/insurance

company to pay the compensation to the claimant and etc.,


      This appeal being heard and reserved for judgment on
10.01.2022, coming on for pronouncement of judgment, this
day, the court delivered the following:-
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                                JUDGMENT

Appellant is the owner of Jeep bearing Reg.No.KA-

28-M-3526. Before the Tribunal, he is arraigned as

respondent No.1. He has challenged the impugned

judgment and award dated 13.07.2016, whereby the

Tribunal has allowed the petition as against respondent

No.1 and dismiss the same as against respondent No.2,

who is the owner of Tractor No.KA-32-T-3806.

02. Before the Tribunal the insurance company

was not a party.

03. In this appeal, appellant has filed

I.A.No.3/2017 to implead Oriental Insurance Company as

respondent No.3.

04. After receipt of notice, the proposed

respondent No.3 has appeared through counsel.

I.A.No.3/2017 is allowed permitting the appellant to

implead the insurance company as respondent No.3 and

accordingly, the cause title of the appeal memo is

amended arraigning the insurance company as respondent

No.3.

05. The learned counsel representing the

respondent No.3 submits that the matter requires to be

remanded to the Tribunal to enable respondent No.3 to put

forth its defence.

06. For the reasons best known to him, claimant

who is respondent No.1 herein has not arraigned the

insurance company as respondent before the Tribunal. The

incident i.e., the accident has occurred on 03.04.2014.

Claim petition is filed during 2015. For the default

committed by the claimant 07 years have lapsed by the

time, the insurance company is arraigned as respondent

No.3. For no fault of the insurance company, it would be

unnecessarily made to pay interest for the this period of 07

years. Considering these aspects, it is equitable to direct

that, in the event of allowing the claim petition and

fastening the liability on the insurance company i.e.,

respondent No.3 herein, from the date of petition till the

date of impleading respondent No.3 before this Court i.e.,

on 18.01.2022, claimant is not entitled for interest on the

compensation so awarded.

07. For the above reasons and with this limitation,

the appeal deserves to be allowed and accordingly, I

proceed to pass the following;

ORDER

1. Appeal is allowed.

2. The impugned judgment and award is set-aside.

3. The claimant shall implead respondent No.3

herein, as additional respondent before the

Tribunal by filing a formal application and the

Tribunal shall proceed with the matter, after

providing reasonable opportunity to the insurance

company to file objections and to cross-examine

the witnesses already examined and also allow

the parties to lead further evidence, if any and

decide the matter in accordance with law.

4. It is made clear that from the date of petition till

the date of impleading the insurance company

i.e., respondent No.3 before this Court i.e., on

18.01.2022, claimant is not entitled for interest

on the compensation so awarded against the

insurance company i.e., respondent No.3 herein.

Sd/-

JUDGE

KJJ