Karnataka High Court
Basawwa W/O Suresh Tadakod vs Shriram General Insurance Co. Ltd on 23 November, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:13694
MFA No. 24286 of 2012
C/W MFA No. 23667 of 2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 23RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.24286/2012(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.23667/2012(MV-I)
IN MFA.NO.24286/2012:
BETWEEN:
SMT. BASAWWA W/O. SURESH TADAKOD,
AGE: 37 YEARS, OCC: AGRICULTURE AND
(VEGETABLE FARMER) AND MILK VENDING,
AT PRESENT NIL, R/O: TADASAGATTI VILLAGE,
AT PRESENT BASTAWAD, BELAGAVI.
...APPELLANT
(BY SRI SANTOSH B. RAWOOT, ADVOCATE)
AND:
1. SHRIRAM GENERAL INSURANCE CO. LTD.,
10003-E-8, RIICO INDUSTRIAL AREA,
VIJAYALAKSHMI
SITAPUR-JAIPUR, RAJASTAHAN-302022.
M KANKUPPI
Digitally signed by
VIJAYALAKSHMI M
2. SHRI DADASAB S/O. DAWALSSAB MAKANDAR,
KANKUPPI
Date: 2023.12.16
12:41:49 +0530
AGE: MAJOR, OCC: PRIVATE SERVICE,
R/O: AT POST: BIDRAGADDI,
TQ: BAILHONGAL, DISTRICT: BELAGAVI.
...RESPONDENTS
(BY SRI SURESH S. GUNDI, ADVOCATE FOR R1;
R2 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO JUDGMENT AND AWARD DATED
31.01.2012 IN MVC NO.2753/2010 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, BELAGAVI MAY KINDLY BE MODIFIED
BY AWARDING THE COMPENSATION AS PRAYED FOR IN THE
CLAIM PETITION.
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NC: 2023:KHC-D:13694
MFA No. 24286 of 2012
C/W MFA No. 23667 of 2012
IN MFA.NO.23667/2012:
BETWEEN:
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.1003-E-8, RIICO INDUSTRIAL AREA,
SITAPUR, JAIPUR, RAJASTAHAN-302022.
POLICY NO.10003/31/10/114140 VALID FROM
24.09.2009 TO 23.09.2010) NOW
REPRESENTED BY ITS MANAGER LEGAL.
...APPELLANT
(BY SRI SURESH S. GUNDI, ADVOCATE)
AND:
1. SMT. BASAWWA W/O. SURESH TADAKOD,
AGE: 37 YEARS,
OCC: AGRICULTURE AND
(VEGETABLE FARMER) AND MILK VENDING,
AT PRESENT NIL,
R/O: TADASAGATTI VILLAGE,
AT PRESENT BASTAWAD,
BELAGAVI.
2. SRI DADASAB
S/O. DAWALSAB MAKANDAR,
AGE: MAJOR, OCC: PRIVATE SERVICE,
R/O: AT POST: BIDRAGADDI,
TAL: BAILHONGAL, BELAGAVI,
(OWNER OF TATA 407 GOODS TRUCK
BEARING NO.KA-24/1633)
...RESPONDENTS
(NOTICE TO R1 IS HELD SUFFICIENT;
R2 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD DATED 31.01.2012 PASSED IN MVC NO.2753/2010 ON THE
FILE OF THE SECOND ADDITIONAL SENIOR CIVIL JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI
AND ETC.,
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:13694
MFA No. 24286 of 2012
C/W MFA No. 23667 of 2012
JUDGMENT
MFA No.24286/2012 is filed by the claimant for
enhancement of compensation.
2. MFA No.23667/2012 is filed by the insurance
company avoiding liability on the ground that claimant had
travelled in the lorry as unauthorized passenger.
3. Heard the arguments and perused the material
placed before the Court.
4. The occurrence of accident, injuries sustained by the
claimant, coverage of insurance are not in dispute in this
case. The only disputed fact is whether claimant has
travelled in the lorry as authorized representative or owner
of the goods in the lorry as unauthorized passenger.
5. The learned counsel for the insurance company
submitted that the claimant had travelled in the lorry as
unauthorized passenger.
6. On the other hand, learned counsel for the claimant
submitted that the claimant being owner of the tamarind
NC: 2023:KHC-D:13694
and corn has travelled in the lorry. Upon perusal of the
complaint Ex.P1 and FIR, it is revealed that the claimant
was standing in front of the bus stand at that time lorry
was passing through bus stand and claimant has given
signal and travelled in the lorry. It is also revealed in the
complaint that there are other persons who have also
travelled in the lorry. In the panchanama, the goods of
tamarind found on the ground after the accident. But,
there is no corn found. Therefore, whether really claimant
travelled in the lorry along with goods tamarind and corn
is to be adjudicated. It is submitted by the learned counsel
for the claimant that during investigation by the police, the
claimant has given statement that she was traveling in the
lorry along with goods tamarind and corn but those
statements are not got marked during the trial before the
MACT. Therefore, the learned counsel for the claimant
submitted that matter be remanded to the tribunal for
fresh consideration to find out whether claimant has
travelled along with goods or travelled as unauthorized
passenger. Therefore, in order to give an opportunity to
NC: 2023:KHC-D:13694
the claimant, the matter is required to be remanded to the
tribunal.
7. Hence, I proceed to pass the following:
ORDER
i) MFA No.24286/2012 filed by the claimant
is allowed.
ii) MFA No.23667/2012 filed by the
insurance company is disposed of.
iii) Matter is remanded to the tribunal for
fresh consideration to find out whether
the claimant has travelled along with
goods or travelled as unauthorized
passenger.
iv) Parties are directed to appear on
14.12.2023 before tribunal without
awaiting any notice from the tribunal.
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v) Tribunal shall complete the entire
proceedings within four months from
14.12.2023.
vi) In case, the claim petition of the claimant
is allowed and insurance company is held
liable to pay the compensation, then the
claimant is not entitled for interest for the
period from the date of filing of the appeal
i.e from 14.09.2012 to till the MACT
decided the case.
vii) The amount in deposit by the insurance
company shall be refunded to the
insurance company.
Sd/-
JUDGE
HMB
CT-ASC
