Karnataka High Court
Goudappa S/O Kallappa Sunkad vs Fakirappa S/O Mahadevappa Hulagur on 8 April, 2024
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NC: 2024:KHC-D:6262
MFA No. 100279 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100279 OF 2020 (MV-I)
BETWEEN:
GOUDAPPA S/O. KALLAPPA SUNKAD,
AGE: 48 YEARS, OCC: NOW NIL,
(AGRICULTURE & SAMRUDDHI
JEEVAN AGENT),
R/O. CHABBI, TQ: HUBBALLI,
NOW RESIDING AT C/O. MAHANTAPPA
BALAPPA DIVATAGI,
R/O. MUNAVALLI, TQ: SAUNDATTI,
DIST: BELAGAVI-591126.
...APPELLANT
(BY SRI. G. R. TURAMARI, ADVOCATE)
Digitally signed
by ROHAN AND:
HADIMANI T
Location: HIGH
COURT OF
KARNATAKA 1. FAKIRAPPA
S/O. MAHADEVAPPA HULAGUR,
AGE: 49 YEARS,
OCC: AGRICULTURE/BUSINESS,
R/O. VARUR, TQ: HUBBALLI,
DIST: DHARWAD-580012.
2. MR. ROLPHON AUSTIN DSOUZA,
AGE: MAJOR,
OCC: AGRICULTURE/BUSINESS,
R/O. ROCKY D SOUZA, 2-142,
KAMALAKATTU HOUSE,
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NC: 2024:KHC-D:6262
MFA No. 100279 of 2020
AMTDY VILLAGE, LORETTO,
POST: BANTWAL,
DIST: SOUTH KENARA-574219.
3. THE BRANCH MANATER,
NATIONAL INSURANCE CO LTD,
BANTWAL BRANCH, 3RD FLOOR,
GANESH BUILDING,
BANWAL CROSS ROAD, BANTWAL,
DIST: KANARA SOUTH (MANGALORE),
THROUGH BRANCH MANAGER,
NATIONAL INSURANCE CO. LTD,
INGALAGI BUILDING,
SAUNDATTI,
DISTRICT: BELAGAVI-591126.
...RESPONDENTS
(BY SRI. RAJESH B. RAJANAL, ADV. FOR R3;
NOTICE TO R1 SERVED,
NOTICE TO R2 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ENHANCING THE
COMPENSATION AND FIXING THE LIABILITY TO THE INSURANCE
COMPANY BY MODIFYING THE JUDGMENT AND AWARD PASSED THE
COURT OF THE PRL. SENIOR CIVIL JUDGE AND ADDL. MACT,
SAUNDATTI AT SAUNDATTI IN M.V.C NO.1148/2016, DATED
08-04-2019 AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6262
MFA No. 100279 of 2020
JUDGMENT
This appeal is filed by the appellant/claimant challenging
the impugned judgment and award of the Tribunal, insofar as
directing the respondent No.1 to pay the compensation by the
Tribunal in its judgment and award dated 08.04.2019, passed
in MVC No.1148/2016 on the file of Principal Senior Civil Judge
& Addl. MACT, Saundatti (for short, 'Tribunal').
2. Heard Sri.G.R.Turamari learned counsel appearing
for the appellant and Sri.Rajesh.B.Rajanal learned counsel
appearing for the respondent No.3/Insurance Company.
3. Learned counsel appearing for the appellant
submits that the Tribunal has committed an error in directing
the respondent No.1 to pay the compensation. It is submitted
that as on the date of accident, the respondent No.2 was the
owner of the vehicle and he was insured of the vehicle. It is
further submitted that, in the RC book, the name of the owner
was not changed and considering the same, the Tribunal has
directed the transferor i.e., respondent No.1 to pay the
compensation. He seeks to allow the appeal by directing the
respondent Nos.2 and 3 to pay the compensation. As the
NC: 2024:KHC-D:6262
vehicle was insured, hence, respondent No.3 being the insurer
of the vehicle in question is liable to pay the compensation.
Hence, he seeks to allow the appeal.
4. Per contra, learned counsel appearing for the
respondent No.3/Insurance Company supports the impugned
judgment and award of the Tribunal. Hence, he seeks to
dismiss the appeal.
5. I have heard the arguments of learned counsel for
the respective parties and perused the material available on
record.
6. It is not in dispute that as on the date of accident
dated 23.11.2015, RC book indicates that the respondent No.1
was the owner of the vehicle, however, the offending vehicle
was transferred in favour of the respondent No.2 in whose
name the Insurance Policy stands as on the date of the
accident and the process of change of ownership in the RTO
office was underway. It is also not in dispute that the policy
was existed as on the date of accident, hence, the Insurance
Company cannot escape its liability from payment of
compensation to the third party. The Co-ordinate Bench of this
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Court in MFA No.6740/2014, in the case of Sri.Sagayaraju Vs.
Sri.Ajaz Ahmed's at paragraph No.9 has held as follows:
"For the reason of non transfer of the car by the respondent
No.1 in favour of the respondent No.3, dismissed the claim
against the Insurance Company. As on the date of accident,
insurance stands in the name of respondent No.1, vehicle was
not transferred in the name of respondent No.3, so the 1st
respondent shall be treated as RC owner and the policy was in
force. So Insurance Company cannot avoid its liability to pay
the compensation."
7. In view of the same, this Court modifies the
impugned judgment and award of the Tribunal by directing the
respondent No.3/Insurance Company to pay the compensation
of Rs.6,59,320/- along with interest to the claimant. On such
deposit, the said amount shall be released in favour of the
appellant/injured.
8. Accordingly, appeal stands allowed in part.
9. Draw modified award accordingly.
Sd/-
JUDGE
PMP
Ct-an
