Karnataka High Court
Smt.Ratnamma W/O Ranga Swamy vs Swamy S/O Hanumantha And Ors on 1 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
-1-
NC: 2024:KHC-K:5532
MFA No. 200165 of 2017
C/W MFA No. 200440 of 2017
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. 200165 OF 2017 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 200440 OF 2017
IN MFA NO.200165/2017:-
BETWEEN:
SMT. RATNAMMA W/O RANGA SWAMY
AGED ABOUT 48 YEARS, OCC:TEACHER,
R/O: H.NO.7-7-14/1, SAVITRI COLONY,
NEAR JODA HANUMAN TEMPLE, RAICHUR.
...APPELLANT
(BY SRI MAHANTESH PATIL, ADVOCATE)
Digitally signed
AND:
by RENUKA
Location: HIGH 1. SWAMY S/O HANUMANTHA
COURT OF AGE: 25 YEARS, OCC: DRIVER OF AUTO
KARNATAKA
NO.KA-36/A-6645, R/O: BAPUR VILLAGE
DIST. RAICHUR-584101
(DRIVER-CUM-OWNER OF NO.KA36/A6645)
2. THE MANAGER
ROYAL SUNDARAM ALLIANCE INSURANCE CO., LTD.,
S.B.TEMPLE ROAD, GULBARGA-585102.
3. G. PRAKASH S/O GOPALREDDY
AGE:32 YRS, OCC:DRIVER OF TOOFAN CRUSHER,
NO.AP-21/Y-6008, R/O: ALLAPADU,
-2-
NC: 2024:KHC-K:5532
MFA No. 200165 of 2017
C/W MFA No. 200440 of 2017
DARUR MANDALAM, TQ: GADWAL, DIST:
MEHABOOBNAGAR (A.P)-410001.
4. NAGESHALU S/O THAMMANNA
D.NO.15-15, SAI BABUPETH, NANDIKUR,
KURNOOL (AP)-410001.
5. THE MANAGER SRIRAM GENERAL INS., CO., LTD.,
E-8, EDTP RICO INDUSTRIAL AREA, SITAPUR,
JAIPUR, DIST:RAJASTHAN-520006.
6. GUTTAL PRAKASH S/O GUTTALA GOPAL,
AGE: MAJOR, OCC: AGRI & BUSINESS,
R/O: NO.2-23, ALLAMPAD VILLAGE,
DARUR MANDAL,
DIST: MEHABOOBNAGAR (AP)410001.
...RESPONDENTS
(BY R1-SERVED; SRI SUDARSHAN M. ADV. FOR R2;
R4-SERVED; SMT. SANGEETA BHADRASHETTY, ADV. FOR
R5; NOTICE IN RESPECT OF R3 AND R6 DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
SET ASIDE THE JUDGMENT AND AWARD DATED-20.09.2016,
PASSED BY THE LEARNED IIND ADDL. SESSIONS JUDGE AND
MACT RAICHUR, IN M.V.C.NO.176/2014, IN SO FOR AS IT
RELATES TO FIXING LIABILITY ON RESPONDENT NO.1, 3, 4
AND 6 AND MODIFY THE JUDGMENT AND AWARD BY
AWARDING APPROPRIATE AND ADEQUATE COMPENSATION AS
PRAYED IN THE CLAIM PETITION BY FIXING LIABILITY ON
RESPONDENT NO.2 AND 5 AND ETC.
IN MFA NO.200440/2017:-
BETWEEN:
DINESH BABU S/O RAMAM RAO,
AGED ABOUT 57 YEARS, OCC: TEACHER,
R/O: H.NO.10-6-95, MUKTHAL PET, RAICHUR.
...APPELLANT
(BY SRI MAHANTESH PATIL, ADVOCATE)
-3-
NC: 2024:KHC-K:5532
MFA No. 200165 of 2017
C/W MFA No. 200440 of 2017
AND:
1. SWAMY S/O HANUMANTHA
AGE: 22 YEARS, OCC: DRIVER OF AUTO
NO.KA-36/A-6645, R/O: BAPUR VILLAGE
DIST. RAICHUR-584101
(DRIVER-CUM-OWNER OF NO.KA36/A6645)
2. THE MANAGER
ROYAL SUNDARAM ALLIANCE INSURANCE CO., LTD.,
S.B.TEMPLE ROAD, GULBARGA-585102.
3. G. PRAKASH S/O GOPALREDDY
AGE: 29 YRS, OCC: DRIVER OF TOOFAN CRUSHER,
NO.AP-21/Y-6008, R/O: ALLAPADU,
DARUR MANDALAM, TQ: GADWAL, DIST:
MEHABOOBNAGAR (A.P)-410001.
4. NAGESHALU S/O THAMMANNA
D.NO.15-15, SAI BABUPETH, NANDIKUR,
KURNOOL (AP)-410001.
5. THE MANAGER SRIRAM GENERAL INS., CO., LTD.,
E-8, EDTP RICO INDUSTRIAL AREA, SITAPUR,
JAIPUR, DIST:RAJASTHAN-520006.
6. GUTTAL PRAKASH S/O GUTTALA GOPAL,
AGE: MAJOR, OCC: AGRI & BUSINESS,
R/O: NO.2-23, ALLAMPAD VILLAGE,
DARUR MANDAL,
DIST: MEHABOOBNAGAR (AP)410001.
...RESPONDENTS
(BY SRI SUDARSHAN M. ADV. FOR R2; R1 AND R4-SERVED;
SMT. SANGEETA BHADRASHETTY ADV. FOR R5)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
SET ASIDE THE JUDGMENT AND AWARD DATED-20.09.2016,
PASSED BY THE LEARNED IIND ADDL. DIST. JUDGE AND
MACT RAICHUR, IN M.V.C.NO.175/2014, IN SO FOR AS IT
RELATES TO FIXING LIABILITY ON RESPONDENT NO.1, 3, 4
AND 6 AND MODIFY THE JUDGMENT AND AWARD BY
AWARDING APPROPRIATE AND ADEQUATE COMPENSATION AS
PRAYED IN THE CLAIM PETITION BY FIXING LIABILITY ON
RESPONDENT NO.2 AND 5 AND ETC.
-4-
NC: 2024:KHC-K:5532
MFA No. 200165 of 2017
C/W MFA No. 200440 of 2017
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. These appeals are by the claimants challenging the
award of Rs.2,05,500/- and Rs.2,71,500/- awarded in
their favour, but the liability of the insurer has been
exonerated on the ground that the drivers of the offending
vehicle did not have a valid and effective driving license
and were plying beyond their limit.
2. In the light of the judgment rendered by the full
bench judgment in the case of New India Assurance
Co., Ltd., vs Yallavva & Another, passed in MFA
No.30131/2010, disposed on 12.05.2020, whenever the
Insurance Company pleads the breach of policy conditions
and the same is established, the Insurance Company
would nevertheless have to pay the compensation and
thereafter to proceed to recover the amount from the
owners of the offending vehicle.
NC: 2024:KHC-K:5532
3. In this case, the Tribunal has recorded a finding that
there was indeed a breach of policy conditions by the
insured and as consequence in the light of the judgment
referred to above, the insurer would have to satisfy the
compensation and thereafter proceed to recover the
against the owner of the offending vehicle.
4. The finding recorded by the Tribunal to the contrary
is therefore modified and it is held that the insurer shall
satisfy the compensation and then proceed to recover the
same from the owner of the offending vehicle.
5. As far as the compensation is concerned, the Tribunal
has taken note of the fact that the claimants were public
servants and there was no loss of their future income due
to the injury suffered by them.
6. In my view, the assessment of compensation on all
other heads is just and proper and does not require any
enhancement.
NC: 2024:KHC-K:5532
7. Consequently, both the appeals are allowed in part
and the finding of the Tribunal regarding liability is
modified and it is held that the insurer shall satisfy the
compensation and thereafter proceed to recover the same
from the owner of the offending vehicle.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
msr
