Karnataka High Court
Bharamappa S/O Janagappa Jogi vs Shri Siddappa Laxman Tapashi on 1 June, 2022
Bench: Krishna S.Dixitpresided Byksdj
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MFA No. 20510 of 2010
C/W MFA No. 20511 of 2010
MFA No. 20512 of 2010
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
MFA NO.20510 OF 2010 (MV) C/W
MFA NO.20511 OF 2010 (MV)
MFA NO.20512 OF 2010 (MV)
In M.F.A. No.20510/2010
BETWEEN:
BHARAMAPPA, S/O JANAGAPPA JOGI,
AGE: 55 YEARS, OCC: CONTRACTOR,
R/O YARAGATTI, TQ SOUNDATTI,
DIST BELGAUM.
...APPELLANT
(BY SRI. SADIQ N GOODWALA, ADVOCATE)
AND:
1. SMT SHOBHA
W/O ASHOK MURAKUMBI
AGE: 26 YEARS,
OCC HOUSE HOLD WORK
2. KENCHAPPA @ RAVI
S/O ASHOK MURAKUMBI
AGE; 6 YEARS, BEING MINOR REPRESENTED
BY MOTHER AND MINOR GUARDIAN
Digitally
RESPONDENT-1
signed by
VINAYAKA
VINAYAKA B
V
Location:
SHOBHA ASHOK MURAKUMBI
BV DHARWAD
Date:
2022.06.04
11:21:19
R/O AKKISAGAR,
+0530
TQ SOUNDATTI, DIST BELGAUM.
3. JAGADAPPA
S/O KENCHAPPA MURAKUMBI
AGE: 70 YEARS, OCC: NIL,
(SINCE DEAD DELETED)
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MFA No. 20510 of 2010
C/W MFA No. 20511 of 2010
MFA No. 20512 of 2010
4. SMT YALLAWWA,
W/O JAGADAPPA MURAKUMBI
AGE: 65 YEARS, OCC NIL,
RESPODNENTS NO.1 TO 4 ALL ARE
R/O AKKISAGAR,
TQ SOUNDATTI,
DIST BELGAUM
5. THE DIVISIONAL MANAGER
THE NEW INDIA ASSURANCE CO.LTD
CLUB ROAD BELGAUM.
...RESPONDENTS
(BY SRI. K ANAND KUMAR, ADVOCATE FOR R1 & R4
SRI. G.N.RAICHUR, ADVOCATE FOR R5)
(R2 MINOR REP. BY R1); (R3 - DELETED)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 09-11-2009 PASSED IN MVC
NO.1954/2006 ON THE FILE OF THE MEMBER ADDL. MACT,
SAUNDATTI, AWARDING THE COMPENSATION OF
RS.4,77,000/- WITH INTEREST AT THE RATE OF 6% PER
ANNUM FROM THE DATE OF PETITION TILL REALISATION.
In M.F.A. No.20511/2010
BETWEEN:
BHARAMAPPA,
S/O JANAGAPPA JOGI,
AGE: 55 YEARS, OCC: CONTRACTOR,
R/O YARAGATTI, TQ SOUNDATTI,
DIST BELGAUM.
...APPELLANT
(BY SRI. SADIQ N GOODWALA, ADVOCATE)
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MFA No. 20510 of 2010
C/W MFA No. 20511 of 2010
MFA No. 20512 of 2010
AND:
1. SHRI SIDDAPPA LAXMAN TAPASHI
AGE: 34 YEARS, OCC: AGRICULTURAL
R/O AKKISAGAR, TQ SOUNDATTI,
DIST BELGAUM.
2. TUKARAM, S/O SIDDAPPA TAPASHI
AGE: 10 YEARS, BEING MINOR REPRESENTED
BY FATHER AND MINOR GUARDIAN
RESPONDENT-1
SHRI SIDDAPPA LAXMAN TAPASHI
R/O AKKISAGAR, TQ SOUNDATTI,
DIST BELGAUM.
3. LAXMAN, S/O SIDDAPPA TAPASHI
AGE: 13 YEARS, BEING MINOR REPRESENTED
BY FATHER AND MINOR GUARDIAN
RESPONDENT-1
SHRI SIDDAPPA LAXMAN TAPASHI
R/O AKKISAGAR, TQ SOUNDATTI,
DIST BELGAUM.
4. THE DIVISIONAL MANAGER
THE NEW INDIA ASSURANCE CO.LTD
CLUB ROAD BELGAUM.
...RESPONDENTS
(BY SRI. K ANAND KUMAR, ADVOCATE FOR R1
SRI. G.N.RAICHUR, ADVOCATE FOR R4)
(R2 & R3 MINORS REP. BY R1)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 09-11-2009 PASSED IN MVC
NO.1943/2006 ON THE FILE OF THE MEMBER ADDL. MACT,
SAUNDATTI, AWARDING THE COMPENSATION OF
RS.4,77,000/- WITH INTEREST AT THE RATE OF 6% PER
ANNUM FROM THE DATE OF PETITION TILL REALISATION.
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MFA No. 20510 of 2010
C/W MFA No. 20511 of 2010
MFA No. 20512 of 2010
In M.F.A. No.20512/2010
BETWEEN:
BHARAMAPPA, S/O JANAGAPPA JOGI,
AGE: 55 YEARS, OCC: CONTRACTOR,
R/O YARAGATTI, TQ SOUNDATTI,
DIST BELGAUM.
...APPELLANT
(BY SRI. SADIQ N GOODWALA, ADVOCATE)
AND:
1. SHRI SIDDAPPA LAXMAN TAPASHI
AGE: 55 YEARS, OCC: AGRICULTURIST
R/O AKKISAGAR, TQ SOUNDATTI,
DIST BELGAUM.
2. SMT. YALLAWWA,
W/O SIDDAPPA TAPASHI
AGE: 50 YEARS, OCC: HOUSEHOLD,
R/O AKKISAGAR, TQ SOUNDATTI,
DIST BELGAUM.
3. THE DIVISIONAL MANAGER
THE NEW INDIA ASSURANCE CO.LTD
CLUB ROAD BELGAUM.
...RESPONDENTS
(BY SRI. K ANAND KUMAR, ADVOCATE FOR R1 & R2
SRI. G.N.RAICHUR, ADVOCATE FOR R3)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 09-11-2009 PASSED IN MVC
NO.1943/2006 ON THE FILE OF THE MEMBER ADDL. MACT,
SAUNDATTI, AWARDING THE COMPENSATION OF
RS.3,31,000/- WITH INTEREST AT THE RATE OF 6% PER
ANNUM FROM THE DATE OF PETITION TILL REALISATION.
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MFA No. 20510 of 2010
C/W MFA No. 20511 of 2010
MFA No. 20512 of 2010
THESE MFAs COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals by the owners of the offending vehicle
call in question the Common Judgment & multiple Awards
dated 09.11.2009 whereby the claim petitions having been
favoured, various sums of compensation have been
awarded with interest at the rate of 6% per annum from
the date of petition. By these Awards, the liability is
fastened exclusively on the appellant-owner.
2. After service of notice, the respondent-Insurer
having entered appearance through its Panel Counsel
resists these appeals making submissions in justification of
the impugned Judgment & Awards and on the reasons on
which they have been constructed. The essential
contention of the Insurer is that for injury or death of the
passengers in a goods vehicle, no liability can be fastened
on the insurer.
MFA No. 20510 of 2010
C/W MFA No. 20511 of 2010
MFA No. 20512 of 2010
3. BRIEF FACTS:
(a) The accident in question happened on
15.06.2006 at around 11.00 a.m. because of rash &
negligent driving of TATA Tipper bearing Registration
No.KA-24-2155. Consequently, eight passengers having
sustained fatal injuries succumbed thereto, and as many
as 30 passengers had sustained injuries. The claim
petitions of the Legal Representatives of the deceased
were stoutly resisted by the Insurer by filing the Written
Statements.
(b) To prove the claim, three of the claimants were
examined as P.W.1, P.W.2 & P.W.3 and, in their
depositions, as many as eight documents came to be
marked as per Exs.P.1 to P.8 which comprised of Police
Papers, RTO Papers & Post-mortem Reports. From the side
of Insurer, one Sri. K.Y.Kulkarni, it's Assistant Manager
was examined as R.W.1 and in his deposition, the Charge
Sheet came to be marked as per Ex.R.1.
MFA No. 20510 of 2010
C/W MFA No. 20511 of 2010
MFA No. 20512 of 2010
(c) The MACT, after adverting to the pleadings of
the parties and after weighing the evidentiary material
borne out by record, has made the impugned common
Judgment & Awards, that are put in challenge by the
owner on whom the liability is fastened to the exclusion of
the Insurer.
4. Having heard the learned counsel for the parties
and having perused the appeal papers and also the
original Trial Court Records, this Court declines to grant
indulgence in the matter inasmuch as it has long been
settled by the Apex Court that there is no policy coverage
for the passengers traveling in a goods vehicle sans goods
although they are entitled to compensation payable at the
hands of the owner of the offending vehicle, vide New
India Assurance Company Limited Vs. Vedwati and
Others (2007)9 SCC 486. Had the claimants been before
this Court there was scope for arguing that the liability
MFA No. 20510 of 2010
C/W MFA No. 20511 of 2010
MFA No. 20512 of 2010
should be fastened on the Insurer on the Principle of 'Pay
and Recover'. However, that is not the case here.
In the above circumstances, these appeals fail and
are accordingly dismissed. The appellant-owner of the
offending vehicle is directed to make good the
compensation as awarded by the Tribunal, within a period
of eight weeks. The amount in deposit & the TCR, if any,
shall be transferred to the MACT for immediate disbursal
to the claimants.
In view of disposal of appeals, pending interlocutory
applications, if any, pale into insignificance.
Costs made easy.
Sd/-
JUDGE
KMS
