Karnataka High Court
The Divisional Manager vs Mrutyunjay S/O Basappa Savanur on 2 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2393
MFA No. 104084 of 2017
C/W MFA No. 103928 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.104084 OF 2017 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.103928 OF 2017
IN M. F. A. NO.104084 OF 2017
BETWEEN:
THE DIVISIONAL MANAGER,
THE NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE, 2ND FLOOR,
ARIHANTH PLAZA, KUSUGAL ROAD,
HUBBALLI, REP. BY ADMINISTRATIVE OFFICER,
REGIONAL OFFICE,
HUBBALLI, PIN: 580023.
...APPELLANT
(BY SRI. S.V. YAJI, ADVOCATE)
AND:
1. MRUTYUNJAY S/O. BASAPPA SAVANUR,
AGE: 42 YEARS, OCC: HAMALI,
Digitally
signed by R/O: SIMPIGALLI ONI, SAVANUR,
SAROJA
SAROJA HANGARAKI NOW R/O: HAVERI,
HANGARAKI Date:
2024.02.19
TQ and DIST: HAVERI,
15:53:50
+0530
PIN: 581110.
2. PANDURANGA
S/O. HANUMANTGOUDA GUDISAGAR,
AGE: 62 YEARS, OCC: OWNER OF ASHOK LEYLAND
LORRY, BEARING REG. NO.KA-27/7385,
R/O: BUDHAVAR PETE, SAVANUR,
TQ: SAVANUR, DIST: HAVERI,
PIN: 581118.
...RESPONDENTS
(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE FOR R1;
R1 SERVED)
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NC: 2024:KHC-D:2393
MFA No. 104084 of 2017
C/W MFA No. 103928 of 2017
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
05.09.2017 PASSED IN MVC NO.184/2015 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT
CLAIMS TRIBUNAL, HAVERI, AWARDING COMPENSATION OF
Rs.50,000/- WITH INTEREST AT 7% P.A. FROM THE DATE OF
PETITION TILL ITS REALISATION.
IN M. F. A. NO.103928 OF 2017
BETWEEN:
MRUTYUNJAY S/O. BASAPPA SAVANUR,
AGE: 42 YEARS, OCC: HAMALI WORK,
R/O: SIMPIGALLI ONI, SAVANUR,
NOW RESIDING AT HAVERI TALUKA,
DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)
AND:
1. PANDURANGA
S/O. HANUMANTGOUDA GUDISAGAR,
AGE: 61 YEARS, OCC: OWNER OF ASHOK LEYLAND
LORRY, BEARING REG. NO.KA-27/7385,
R/O: BUDHAVAR PETE, SAVANUR,
TQ: SAVANUR, DIST: HAVERI,
2. THE DIVISIONAL MANAGER,
THE NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE, HUBBALLI, 2ND FLOOR,
ARIHANTH PLAZA, KUSUGAL ROAD,
HUBBALLI-580023.
...RESPONDENTS
(BY SRI. S.V. YAJI, ADVOCATE FOR R2;
R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
05.09.2017 PASSED IN MVC NO.184/2015 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:2393
MFA No. 104084 of 2017
C/W MFA No. 103928 of 2017
THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though the matter is listed for orders, with the
consent of the parties, matter is taken up for final
disposal.
2. These two appeals arise out of the judgment and
award passed in M.V.C.No.184/2015 dated 05.09.2017 on
the file of Addl. Senior Civil Judge and AMACT, Haveri.
3. Facts which are utmost necessary for disposal of the
appeals are as under:
3.1 Claimant has filed a claim petition under 166 of MV
Act, contending that on 09.10.2006 at about 12 in the mid
night, when the appellant was traveling in the Ashoka
Leyland lorry bearing No.KA-26/7385, to unload Neelagiri
poles, lorry met with accident on account of the rash and
negligent driving of the driver of the lorry near Sanavalli
plot. As a result, he sustained grievous injuries.
NC: 2024:KHC-D:2393
3.2 Claim petition on contest, came to be allowed by
awarding sum of Rs.50,000/- as compensation with
interest at 7% per annum.
3.3 Being aggrieved by the same, both insurance company
and the claimant are in appeal.
4. Learned counsel appearing for the parties, reiterated
the respective grounds urged in their appeals and sought
for reassessment of the compensation.
5. In view of the rival contentions of the parties, this
court has perused the material on record meticulously.
6. On such perusal of the material on record, it is
established that the claimant being the labourer in the
lorry bearing No.KA-26/7385 met with the road traffic
accident at 12 in the midnight of 09.10.2006 on account of
the rash and negligent driving of the driver of the lorry. At
the time of accident, lorry was duly insured.
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7. Taking note of the injuries sustained by the claimant,
tribunal awarded a sum of Rs.50,000/- as compensation,
especially the nature of injuries mentioned in the Ex.P5,
there is no disability that has occurred on account of the
injury, though, PW.2 is examined as doctor who issued
disability certificate as per Ex.P.11.
8. On perusal of Ex.P.11, there is no specific mention as
to disability what is the nature of disability that has
actually functional disability that has affected the working
capacity of the claimant.
9. Therefore, the tribunal awarded sum of Rs.50,000/-
as compensation.
10. Among the injures sustained by the claimant as per
Ex.P.5 are hat the injury No.3 is grievous injury and
injury Nos.1 and 2 are simple injuries.
11. In the absence of any serious disability that has been
caused to the claimant, there is no scope for enhancement
of compensation.
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12. The ground on which insurance company is in appeal
is that in the absence of permit to the lorry, insurance
company is not liable to pay compensation.
13. No proper evidence is placed on record by the
insurance company to establish the fact that there is no
permit to the lorry in question, respondent taking plea that
there is no permit or by issuing a notice, absence in
answer by the owner of the lorry would not ipso facto
make out a case for insurance company to avoid its
liability.
14. Accordingly, there is no scope for interference with
the impugned judgment and award.
15. Hence, the following Order:
ORDER
i) Both appeals are dismissed.
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ii) Amount in deposit is ordered to be
transmitted to the tribunal.
Sd/-
JUDGE
HMB
