Karnataka High Court
Smt Leela vs Imthiyazpasha on 6 December, 2023
-1-
NC: 2023:KHC:44187
MFA No.2007 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.2007 OF 2018
(MV-D)
BETWEEN:
SMT. LEELA
W/O THIPPESWAMY
AGE 42 YEARS
AGRICULTURIST
R/O ADANUR VILLAGE
HOLALKERE TALUK
Digitally CHITRADURGA DISTRICT - 577 526.
signed by
JAI JYOTHI J ...APPELLANT
Location:
HIGH (BY SRI. R. SHASHIDHARA, ADV.,)
COURT OF
KARNATAKA AND:
1. IMTHIYAZPASHA
S/O GHOUSE SHARIFFIE
AGE MAJOR, R/O 4TH CROSS
SRIRAMANAGARA, TUMKUR - 572 101
OWNER OF LORRY BEARING NO.KA-16/A-4785.
2. THE MANAGER
RELIANCE GENERAL INSURANCE CO LTD.,
NO.1 AND 2, 1ST FLOOR
MAGANUR COMPLEX
NEAR KSRTC BUS STAND
CHITRADURGA - 577 501.
...RESPONDENTS
(BY SRI. MALLIKARJUNA REDDY N.A. ADV., FOR R2
V/O DTD:06/11/2023 NOTICE TO R1 IS D/W)
-2-
NC: 2023:KHC:44187
MFA No.2007 of 2018
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:24.01.2018 PASSED
IN MVC NO.1273/2016 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND J.M.F.C., HOLALKERE, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the claimant aggrieved by
the award passed in MVC No.1273/2016 dated
24.01.2018. The claim petition was filed seeking
compensation of an amount of Rs.10,00,000/- for the
damage to the property.
2. It is the case of the claimant that on
28.04.2016 at about 3 a.m. the lorry driven by its driver in
a rash and negligent manner dashed to the 3 areca nut
trees (fruit yielding), 1 teakwood tree and 10 stone poles
with barbed wire fence of the land bearing Sy.No.126/4A1
measuring 2 acre 10 guntas including 0.05 guntas of
kharab land situated at Adanur Village which belongs to
NC: 2023:KHC:44187
the claimant. It is the case of the claimant that the
damage caused is to a tune of Rs.10,00,000/-.
3. While granting the compensation, the Court has
observed that on perusal of Ex.R1, it is a comprehensive
policy and the accident occurred due to the rash and
negligent act of the driver of the offending lorry and as
such, respondent Nos.1 and 2 are jointly and severally
liable to pay the compensation. The Court further
observed that on perusal of the documents produced by
the claimant i.e. settlement made by the Insurance
Company in MVC No.139/2017 and MVC No.412/2016
regarding the damage of the property of third party which
is caused by the same vehicle, the Court had granted
Rs.10,000/-.
4. Learned counsel appearing for the claimant
submits that the Court below ought to have granted the
compensation as claimed by the claimant. It is submitted
that there is a huge property loss to the claimant and that
NC: 2023:KHC:44187
aspect was not at all considered while granting
compensation and compensation awarded is on the lower
side.
5. Learned counsel appearing for the Insurance
Company submits that the Court below had rightly granted
the compensation considering the case of the claimant.
He submits that no grounds are made for enhancement of
the compensation.
6. In this case, there is no dispute about the fact
that the policy is a comprehensive policy and the third
party damage to the tune of Rs.7,50,000/- is covered as
per the policy. According to claimant, three areca nut and
one teakwood trees and also the fencing was damaged.
The Court, on what basis had come to the conclusion that
the compensation is Rs.10,000/-, no discussion is
forthcoming from the order. Even from the side of the
claimant also, no evidence has been adduced to show
what is the actual damage and how he is entitled for
compensation of an amount of Rs.10,00,000/-.
NC: 2023:KHC:44187
Considering all these aspects, this Court deems it
appropriate to remand the matter to the Court below for
fresh consideration with regard to the compensation.
7. Accordingly, the appeal is allowed by setting
aside the award passed in MVC No.1273/2016 dated
24.01.2018 and the matter is referred back to Court
below.
(i) The Court below shall give opportunity to
both the parties to lead evidence and shall
determine the compensation payable to
the claimant.
(ii) Without further notice, both the parties
shall appear before the Tribunal on
19.12.2023. Within three months from
19.12.2023, the Court below shall pass
appropriate orders and the parties shall
co-operate.
iii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
NC: 2023:KHC:44187
iv) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
RV/ST
List No.: 1 Sl No.: 61p
