The Divisional Manager vs Gangamma @ Gangavva W/O Nagapa ...
2022 Latest Caselaw 4997 Kant

                                IN THE HIGH COURT OF KARNATAKA
                                         DHARWAD BENCH
                             DATED THIS THE 17 T H DAY OF MARCH, 2022
                                              BEFORE
                        THE HON'BLE MR.JUSTICE N .S.SA NJAY GOWDA
                                        M.F.A.No.101222/2021
                                                 C/W
                                      M.F.A.No.101223/2021 (MV)

                  IN M.F.A.No.101222/2021

                  BETWEEN:

                  THE DIVISIONAL MANAGER,
                  UNITED INDIA INSURANCE COMPANY LTD,
                  ENKAY COMPLEX, KESHWAPUR
                  HUBBALLI, NOW REPRESENTED BY ITS
                  AUTHORIZED SIGNATORY.               ... APPELLANT
          Digitally signed
                  (BY SHRI S.K.KAYAKAMATH, ADV.)
          by J MAMATHA
          Location:
J         Dharwad
MAMATHA   Date:
          2022.03.23
          11:15:45
          +0530   AND:

                  1.          SMT.GANGAMMA @ GANGAVVA,
                               W/O NAGAPPA SUNAGAR,
                              AGE 48 YEARS, OCC. COOLIE,
                              R/O. TALAWAR ONI, NESHVI,
                              TQ HIREKERUR, DIST HAVERI.

                  2.    SRI PRAKASH S/O BHIMAPPA KUSNUR,
                        AGE 45 YEARS, OCC. BUSINESS,
                        R/O. SAKANAVALLI, TQ. SORABA,
                        DIST. SHIMOGA.
                        (OWNER OF BIKE BEARING NO. KA-15/X-7468).
                                                          ... RESPONDENTS

(BY SHRI B.M.PATIL, ADV. FOR C/R1)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 03.04.2021 PASSED IN MVC NO.1240/018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI,

MFA No. 101223 of 2021 C/W MFA No. 101222 of 2021

AWARDING COMPENSATION OF Rs.2,52,570/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

IN M.F.A.No.101223/2021

BETWEEN

THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD, BRANCH OFFICE, R.G. MUTALI BUILDING, HANAGAL ROAD, OPP. KSRTC BUS STAND, HAVERI-581110, NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY. .. APPELLANT

(BY SHRI S K KAYAKAMATH, ADV.)

AND

1. SMT.GANGAMMA @ GANGAVVA W/O NAGAPPA SUNAGAR, AGE 48 YEARS, OCC. COOLIE, R/O. TALAWAR ONI, NESHVI, TQ HIREKERUR, DIST HAVERI.

2. SMT. MAMATA W/O ESAPPA JADAR, AGE 29 YEARS, OCC. COOLIE, R/O. GUDDADAMULATHALLI, TQ. HANGAL , DIST:HAVERI.

3. SHRI ARUNA S/O NAGAPPA SUNAGAR, AGE 27 YEARS, OCC. STUDENT, R/O. TALAWAR ONI, NESHVI, TQ. HIREKERUR, DIST . HAVERI.

4. SHRI PRAKASH S/O BHIMAPPA KUSNUR, AGE 45 YEARS, OCC. BUSINESS, R/O. SAKANAVALLI, TQ SORABA, DIST SHIMOGA (OWNER OF BIKE BEARING NO. KA-15/X-7468) ... RESPONDENTS

MFA No. 101223 of 2021 C/W MFA No. 101222 of 2021

(BY SHRI B.M.PATIL, ADV. FOR C/R1 TO R3)

THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 03.04.2021 PASSED IN MVC NO.1239/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, AWARDING COMPENSATION OF Rs.8,90,292/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JU DGMENT

Both these appeals have been preferred by the Insurance

Company challenging the compensation of Rs.2,52,570/-

awarded towards the injuries suffered by Smt.Gangamma @

Ganvavva (in M.F.A.No.101222/2021) and Rs.8,90,292/-

awarded to the claimants towards the death of Nagappa who

succumbed to the injuries (in M.F.A.No.101223/2021).

2. These appeals are filed by the Insurance Company

contending that the motorcycle alleged to have been involved in

the accident, was implicated.

3. Learned counsel for the appellant/Insurance

Company contends that the accident occurred on 01.03.2018

and the complaint was lodged on the following day i.e., on

02.03.2018 and this complaint did not contain the registration

MFA No. 101223 of 2021 C/W MFA No. 101222 of 2021

number of the motor vehicle and therefore, it was a case of

implication of some other motorcycle. Learned counsel also

submitted that it would not establish as to on what basis the

insured motorcycle was identified by the police.

4. It was not in dispute that the police after

investigation had come to the conclusion that the offending

motorcycle driven by the owner was responsible for the

accident and the police had accordingly, charged him under the

provisions of the Indian Penal Code and the Motor Vehicles Act.

5. If the Insurance Company were to contend that the

investigation was improper or that the vehicle had been wrongly

implicated, it was always open for it to adduce independent

evidence to establish that fact or in the alternative, seek for

summoning of the Investigation Officer.

6. In the instant case, as a matter of fact, at the

request of the Insurance Company, the Investigation Officer

had been summoned and was subjected to cross-examination.

The Tribunal has noticed that the deposition of the Investigation

Officer established the involvement of the motorcycle alleged in

the claim petition.

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7. In my view, since the Insurance Company was

unable to establish its defence that some other motorcycle was

involved by production of independent evidence, the argument

that a wrong motorcycle had been implicated cannot be

accepted.

8. Accordingly, the appeals are dismissed.

9. Registry is directed to return the TCR forthwith.

(Sd /-) JUDGE

Jm/-