Karnataka High Court
Nagaraj S/O Basavaraj Bhavi vs K R Balaji Ramanajanappa on 6 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2627
MFA No. 25452 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.25452 OF 2012 (MV)
BETWEEN:
NAGARAJ S/O. BASAVARAJ BHAVI,
AGE: 28 YEARS, OCC: DRIVER, NOW NIL,
R/O: KHANA TOTA BEHIND,
VEERANARAYANA TEMPLE, GADAG.
...APPELLANT
(BY SRI. SURESH P.HUDEDAGADDI, ADVOCATE)
AND:
1. K.R. BALAJI RAMANAJANAPPA
¾ DINNUR MAIN ROAD, SRIRAM WATER SUPPLY,
RAVINDRANATH TAGORE R.T. NAGAR,
BANGALURU.
(OWNER OF TRUCK NO.KA-05/D-6336)
2. THE DIVISIONAL MANAGER,
ICICI LAMBARD MOTOR INSURANCE,
DESHPANDE NAGAR, HUBLI.
Digitally
signed by
BHARATHI
3. G. SRINIVAS
BHARATHI H M
HM Date:
2024.02.17
13A, 24/A, 6TH CROSS, 2ND MAIN,
12:21:00
+0530
MYSORE ROAD, BAPUJI NAGAR,
BANGALURU.
4. THE DIVISIONAL MANAGER,
BAJAJ ALLIAN GENERAL INSURANCE CO. LTD.,
KALBURGI COMPLEX, 4TH FLOOR,
OPP: TO MUNICIPAL COMPLEX,
LAMINGTON ROAD, HUBLI.
...RESPONDENTS
(BY SRI. NAGARAJ C.KALLOORI, ADVOCATE FOR R2;
SRI. S.K. KAYAKAMATH, ADVOCATE FOR R4;
R1 DISPENSED WITH;
R3 HELD SUFFICIENT)
-2-
NC: 2024:KHC-D:2627
MFA No. 25452 of 2012
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLE ACT, AGAINST THE
JUDGMENT AND AWARD DATED 07.01.2012 PASSED IN MVC
NO.08/2009 ON THE FILE OF PRESIDING OFFICER, FAST TRACK
COURT AND MEMBER, ADDL. MACT, GADAG, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though the matter is listed for admission, by consent of
parties, the matter is taken up for final disposal.
2. Heard Shri. Suresh P. Hudedagaddi, learned counsel
for the appellant, Shri. Nagaraj C. Kollori, learned counsel for
respondent No.2 and Shri. S. K. Kayakamath, learned counsel
for respondent No.4.
3. Present appeal is filed by the claimant challenging
the validity of judgment and award passed in MVC No.8/2009
dated 07.01.2012 on the file of Fast Track Court and Additional
MACT, Gadag.
4. Admitted facts are that one Shri.Nagaraj S/o.
Basavaraj Bhavi who is the claimant got injured in a road traffic
accident on 03.09.2008 at about 6.30 a.m., being the driver of
Eicher Canter bearing registration No.KA-02/AA-7322 when he
was driving the said canter from Tumakur towards Bengaluru
NC: 2024:KHC-D:2627
involving another lorry bearing registration No.KA-05/D-6336
which came in a rash and negligent manner and dashed against
the Truck bearing registration No.HR-55/F-5916 from the hind
side and thereby the driver of Eicher Canter bearing
registration No.KA-02/AA-7322 who is the claimant suffered
accidental injuries.
5. Police after thorough investigation filed the charge
sheet against the driver of the lorry bearing registration No.KA-
05/D-6336.
6. Claim petition on contest came to be allowed in a
sum of Rs.6,54,162/- with interest at the rate of 9% per
annum and fastened the liability on the owner of the lorry
bearing registration No.KA-05/D-6336 noting the fact that the
insurance policy came to be issued on 05.09.2008 covering
upto the period of 04.09.2009 i.e., two days after the accident.
7. The same is under question by the claimant.
8. Shri. Suresh P. Hudedagaddi, learned counsel for
the appellant, reiterating the grounds urged in the appeal
memorandum sought for enhanced compensation and fastening
the liability on the Insurance Company of the lorry bearing
registration No.KA-05/D-6336.
NC: 2024:KHC-D:2627
9. Per contra, Shri. Nagaraj C. Kollori, learned counsel
for respondent No.2 who is the insurer of lorry bearing
registration No.KA-05/D-6336, supported the impugned
judgment. So also Shri. S. K. Kayakamath, learned counsel for
respondent No.4 - Insurance Company of the other vehicle
involved in the incident.
10. In view of the rival contentions of the parties, this
Court perused the material on record meticulously.
11. On such perusal of the material on record, the
claimant having sustained injuries in a road traffic accident
occurred on 03.09.2008 at about 6.30 a.m., involving three
vehicles bearing registration Nos.KA-02/AA-7322, KA-05/D-
6336 and HR-55/F-5916 stands established by placing
necessary evidence on record. Police after thorough
investigation filed charge sheet against the driver of the lorry
bearing registration No.KA-05/D-6336.
12. The driver has not challenged the charge sheet.
13. However, lorry bearing registration No.KA-05/D-
6336 did not possess the valid insurance policy as on
03.09.2008.
NC: 2024:KHC-D:2627
14. Admittedly Ex.R.1-insurance policy shows that the
policy came to be issued on 05.09.2008 which was in force
upto 04-09-2009. Therefore, merely police saying that the lorry
was insured on and from 01.09.2008 till 31.08.2009 would not
enure to the benefit of the claimant inasmuch as, original
insurance policy marked at Ex.R.1 shows the period of
05.09.2008 to 04.09.2008.
15. Admittedly the lorry got insured two days after the
incident. Therefore, the Tribunal was justified in fastening the
liability on the owner of the lorry bearing registration No.KA-
05/D-6336.
16. Owner of the lorry bearing registration No.KA-05/D-
6336 though served with the notice of this appeal, remained
absent before this Court.
17. Under such circumstances there is no scope for this
Court to alter the liability factor by fastening the same to the
insurer of the lorry bearing registration No.KA-05/D-6336.
18. On the question of quantum of compensation, as
the law prevailed as on the date of accident, the Tribunal has
awarded a sum of Rs. 6,54,162/- is just and roper
NC: 2024:KHC-D:2627
19. Under such circumstances, hardly there is any
scope for interfering with the well reasoned order of the
Tribunal which is impugned in the present appeal.
20. Hence, the following order:
ORDER
Appeal is meritless and hereby dismissed.
Sd/-
JUDGE
SMM
