Karnataka High Court
Mallappa S/O Ramgonda Alagur vs Raju And Ors on 1 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
-1-
NC: 2024:KHC-K:5542
MFA No. 200980 of 2019
C/W MFA No. 200979 of 2019
MFA No. 200981 of 2019
AND 2 OTHERS
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 200980 OF 2019 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 200979 OF 2019(MV-I)
MISCL. FIRST APPEAL NO. 200981 OF 2019(MV-I)
MISCL. FIRST APPEAL NO. 200982 OF 2019(MV-I)
MISCL. FIRST APPEAL NO. 200983 OF 2019(MV-I)
IN MFA NO.200980/2019:-
BETWEEN:
Digitally signed
by RENUKA MALLAMMA W/O BASAVANTARAYA ALAGUR
Location: HIGH AGE: 46 YEARS, OCC: AGRICULTURE LABOUR,
COURT OF NOW NIL,
KARNATAKA
R/O. VILLAGE MADARI, TQ. JEWARGI,
DIST: KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
1. RAJU S/O SAKHARAM JADHAV,
AGE: MAJOR, OCC: BUSINESS,
OWNER OF LORRY NO.MH-38/D-0514,
-2-
NC: 2024:KHC-K:5542
MFA No. 200980 of 2019
C/W MFA No. 200979 of 2019
MFA No. 200981 of 2019
AND 2 OTHERS
R/O. VILLAGE SHEWADI-B,
TQ. LOHA, DIST: NANDED,
MAHARASHTRA-431601.
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, JAWALI COMPLEX,
SUPER MARKET, KALABURAGI-585102.
3. VISHWANATH S/O MAHADEVAPPA
AGE: MAJOR, OCC: BUSINESS,
OWNER OF FORCE JEEP NO.KA-32/M.6243,
R/O. VILLAGE KUKNOOR,
TQ. JEWARGI, DIST: KALABURAGI.
4. RELIANCE GENERAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, ASIAN PLAZA,
NEAR TIMMAPURI CIRCLE, KALABURAGI,
REPT., BY ITS AUTHORIZED OFFICER-585102.
...RESPONDENTS
(NOTICE TO R1 IS DISPENSED WITH;
SRI SHIVANAND PATIL, ADV. FOR R2;
SMT. PREETI PATIL MELKUNDI, ADV. FOR R4)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO,
TO MODIFY THE JUDGMENT AND AWARD PASSED BY PRL.
SENIOR CIVIL JUDGE AND MACT, KALABURAGI, IN
M.V.C.NO.1237/2015, DATED-06.03.2019 AND ETC.
IN MFA NO.200979/2019:-
BETWEEN:
RAVI S/O RAMGONDA ALAGUR,
AGE: 29 YEARS, OCC: AGRICULTURE LABOUR,
NOW NIL,
R/O. VILLAGE MADARI, TQ. JEWARGI,
DIST: KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
-3-
NC: 2024:KHC-K:5542
MFA No. 200980 of 2019
C/W MFA No. 200979 of 2019
MFA No. 200981 of 2019
AND 2 OTHERS
AND:
1. RAJU S/O SAKHARAM JADHAV,
AGE: MAJOR, OCC: BUSINESS,
OWNER OF LORRY NO.MH-38/D-0514,
R/O. VILLAGE SHEWADI-B,
TQ. LOHA, DIST: NANDED,
MAHARASHTRA-431601.
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, JAWALI COMPLEX,
SUPER MARKET, KALABURAGI-585102.
3. VISHWANATH S/O MAHADEVAPPA
AGE: MAJOR, OCC: BUSINESS,
OWNER OF FORCE JEEP NO.KA-32/M.6243,
R/O. VILLAGE KUKNOOR,
TQ. JEWARGI, DIST: KALABURAGI.
4. RELIANCE GENERAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, ASIAN PLAZA,
NEAR TIMMAPURI CIRCLE, KALABURAGI,
REPT., BY ITS AUTHORIZED OFFICER-585102.
...RESPONDENTS
(BY SRI SHIVANAND PATIL, ADV. FOR R2;
SMT. PREETI PATIL MELKUNDI, ADV. FOR R4)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO,
TO MODIFY THE JUDGMENT AND AWARD PASSED BY PRL.
SENIOR CIVIL JUDGE AND CJM MACT, KALABURAGI, IN
M.V.C.NO.1239/2015, DATED-06.03.2019 AND ETC.
-4-
NC: 2024:KHC-K:5542
MFA No. 200980 of 2019
C/W MFA No. 200979 of 2019
MFA No. 200981 of 2019
AND 2 OTHERS
IN MFA NO.200981/2019:-
BETWEEN:
KHANDAPPA S/O MALLAPPA
AGE: 60 YEARS, OCC: AGRICULTURE LABOUR,
NOW NIL,
R/O. VILLAGE MADARI, TQ. JEWARGI,
DIST: KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
1. RAJU S/O SAKHARAM JADHAV,
AGE: MAJOR, OCC: BUSINESS,
OWNER OF LORRY NO.MH-38/D-0514,
R/O. VILLAGE SHEWADI-B,
TQ. LOHA, DIST: NANDED,
MAHARASHTRA-431601.
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, JAWALI COMPLEX,
SUPER MARKET, KALABURAGI-585102.
3. VISHWANATH S/O MAHADEVAPPA
AGE: MAJOR, OCC: BUSINESS,
OWNER OF FORCE JEEP NO.KA-32/M.6243,
R/O. VILLAGE KUKNOOR,
TQ. JEWARGI, DIST: KALABURAGI.
4. RELIANCE GENERAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, ASIAN PLAZA,
NEAR TIMMAPURI CIRCLE, KALABURAGI,
REPT., BY ITS AUTHORIZED OFFICER-585102.
...RESPONDENTS
(NOTICE TO R1 IS DISPENSED WITH;
SRI SHIVANAND PATIL, ADV. FOR R2;
SMT. PREETI PATIL MELKUNDI, ADV. FOR R4)
-5-
NC: 2024:KHC-K:5542
MFA No. 200980 of 2019
C/W MFA No. 200979 of 2019
MFA No. 200981 of 2019
AND 2 OTHERS
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO,
TO MODIFY THE JUDGMENT AND AWARD PASSED BY PRL.
SENIOR CIVIL JUDGE AND MACT, KALABURAGI, IN
M.V.C.NO.1238/2015, DATED-06.03.2019 AND ETC.
IN MFA NO.200982/2019:-
BETWEEN:
JANAPPA S/O SANGANNA SUBEDAR
AGE: 39 YEARS, OCC: AGRICULTURE LABOUR,
NOW NIL,
R/O. VILLAGE MADARI, TQ. JEWARGI,
DIST: KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
1. RAJU S/O SAKHARAM JADHAV,
AGE: MAJOR, OCC: BUSINESS,
OWNER OF LORRY NO.MH-38/D-0514,
R/O. VILLAGE SHEWADI-B,
TQ. LOHA, DIST: NANDED,
MAHARASHTRA-431601.
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, JAWALI COMPLEX,
SUPER MARKET, KALABURAGI-585102.
3. VISHWANATH S/O MAHADEVAPPA
AGE: MAJOR, OCC: BUSINESS,
OWNER OF FORCE JEEP NO.KA-32/M.6243,
R/O. VILLAGE KUKNOOR,
TQ. JEWARGI, DIST: KALABURAGI.
-6-
NC: 2024:KHC-K:5542
MFA No. 200980 of 2019
C/W MFA No. 200979 of 2019
MFA No. 200981 of 2019
AND 2 OTHERS
4. RELIANCE GENERAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, ASIAN PLAZA,
NEAR TIMMAPURI CIRCLE, KALABURAGI,
REPT., BY ITS AUTHORIZED OFFICER-585102.
...RESPONDENTS
(NOTICE TO R1 IS DISPENSED WITH;
SRI SHIVANAND PATIL, ADV. FOR R2;
SMT. PREETI PATIL MELKUNDI, ADV. FOR R4)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO,
TO MODIFY THE JUDGMENT AND AWARD PASSED BY PRL.
SENIOR CIVIL JUDGE AND MACT, KALABURAGI, IN
M.V.C.NO.1012/2015, DATED-06.03.2019 AND ETC.
IN MFA NO.200983/2019:-
BETWEEN:
MALLAPPA W/O RAMGONDA ALAGUR
AGE: 34 YEARS, OCC: AGRICULTURE LABOUR,
NOW NIL,
R/O. VILLAGE MADARI, TQ. JEWARGI,
DIST: KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
1. RAJU S/O SAKHARAM JADHAV,
AGE: MAJOR, OCC: BUSINESS,
OWNER OF LORRY NO.MH-38/D-0514,
R/O. VILLAGE SHEWADI-B,
TQ. LOHA, DIST: NANDED,
MAHARASHTRA-431601.
-7-
NC: 2024:KHC-K:5542
MFA No. 200980 of 2019
C/W MFA No. 200979 of 2019
MFA No. 200981 of 2019
AND 2 OTHERS
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, JAWALI COMPLEX,
SUPER MARKET, KALABURAGI-585102.
3. VISHWANATH S/O MAHADEVAPPA
AGE: MAJOR, OCC: BUSINESS,
OWNER OF FORCE JEEP NO.KA-32/M.6243,
R/O. VILLAGE KUKNOOR,
TQ. JEWARGI, DIST: KALABURAGI.
4. RELIANCE GENERAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, ASIAN PLAZA,
NEAR TIMMAPURI CIRCLE,
KALABURAGI,
REPT., BY ITS AUTHORIZED
OFFICER-585102.
...RESPONDENTS
(NOTICE TO R1 IS DISPENSED WITH;
SRI SHIVANAND PATIL, ADV. FOR R2;
SMT. PREETI PATIL MELKUNDI, ADV. FOR R4)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO,
TO MODIFY THE JUDGMENT AND AWARD PASSED BY PRL.
SENIOR CIVIL JUDGE AND MACT, KALABURAGI, IN
M.V.C.NO.1011/2015, DATED-06.03.2019 AND ETC.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
-8-
NC: 2024:KHC-K:5542
MFA No. 200980 of 2019
C/W MFA No. 200979 of 2019
MFA No. 200981 of 2019
AND 2 OTHERS
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. The owner of the offending vehicle i.e. respondent
No.3 was placed ex-parte before the tribunal, having
regard to the contentions raised in these appeals
regarding liability, it would not be necessary to issue
notice to respondent No.3.
2. In respect of an accident which is not in dispute and
the liability of the insurer to pay the compensation is also
not in dispute, the Tribunal for the death and injuries
suffered by the claimants has awarded the following sums
as compensation:
IN MFA No.200980/2019 (1237/2015):
Compensation
Sl. As awarded by
No. Nature of Heads the Tribunal
(In Rs.)
1. Pain and suffering 10,000/-
Attendant charges, food and
2. 3,500/-
extra nourishment
3. Loss of future income 68,000/-
4. Medical expenses 3,500/-
NC: 2024:KHC-K:5542
AND 2 OTHERS
Loss of income during laid up
5. 7,000/-
period
6. Loss of amenities 10,000/-
Total 1,02,000/-
IN MFA No.200979/2019 (1239/2015):
Compensation
Sl. As awarded by
No. Nature of Heads the Tribunal
(In Rs.)
1. Pain and suffering 20,000/-
Attendant charges, food and
2. 6,500/-
extra nourishment
3. Loss of future income 1,71,400/-
4. Medical expenses 1,26,600/-
Loss of income during laid up
5. 14,000/-
period
6. Loss of amenities 10,000/-
Total 3,48,500/-
IN MFA No.200981/2019 (1238/2015):
Compensation
Sl. As awarded by
No. Nature of Heads the Tribunal
(In Rs.)
1. Pain and suffering 10,000/-
Attendant charges, food and
2. 2,000/-
extra nourishment
3. Loss of future income 52,900/-
- 10 -
NC: 2024:KHC-K:5542
AND 2 OTHERS
Medical expenses 16,400/-
4.
Loss of income during laid up
5. 7,000/-
period
Loss of amenities
6. 10,000/-
Total 98,300/-
IN MFA No.200982/2019 (1012/2015):
Compensation
Sl. As awarded by
No. Nature of Heads the Tribunal
(In Rs.)
Pain and suffering
1. 10,000/-
Attendant charges, food and
2. 3,000/-
extra nourishment
3. Loss of future income 1,00,800/-
Medical expenses 28,100/-
4.
Loss of income during laid up
5. 7,000/-
period
Loss of amenities
6. 10,000/-
Total 1,58,900/-
- 11 -
NC: 2024:KHC-K:5542
AND 2 OTHERS
IN MFA No.200983/2019 (1011/2015):
Compensation
Sl. As awarded by
No. Nature of Heads the Tribunal
(In Rs.)
1. Pain and suffering 10,000/-
Attendant charges, food and
2. 2,500/-
extra nourishment
3. Loss of future income 1,14,200/-
4. Medical expenses 7,100/-
Loss of income during laid up
5. 7,000/-
period
6. Loss of amenities 10,000/-
Total 1,50,800/-
3. The Tribunal has exonerated the insurer from all
liability since the driver of the offending vehicle did not
have a valid and effective driving license. In other words,
the Tribunal has recorded a finding that there was
violation of the terms of policy and therefore the insurer
would liable to be exonerated.
4. Having regard to the judgment rendered in the case
of New India Assurance Co., Ltd., vs Yallavva &
Another, passed in MFA No.30131/2010, disposed on
- 12 -
NC: 2024:KHC-K:5542
AND 2 OTHERS
12.05.2020, in the event of the insurer establishing that
there is breach of policy conditions, the insurer would
nevertheless have to pay the compensation and thereafter
to proceed to recover the amount from the owner of the
offending vehicle.
5. In that view of the matter, the finding as regards the
liability is set aside and it is held that the insurer would
have to satisfy the compensation and thereafter recover
the same from the owner of the offending vehicle.
6. As far as the quantum of compensation is concerned,
in my view, the Tribunal by taking into consideration all
the factors has assessed the compensation correctly and
has awarded an adequate compensation and there is no
need to interfere and enhance with the quantum.
7. The appeals are therefore allowed in part and it is
held that the insurer would have to pay the compensation
and thereafter proceed to recover the compensation from
the owner of the offending vehicle.
- 13 -
NC: 2024:KHC-K:5542
AND 2 OTHERS
8. In all other respects, the award is confirmed.
Sri. Shivanand Patil, learned counsel is permitted to
file vakalath for respondent No.2 within a period of two
weeks from today.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
MSR
