Karnataka High Court
M/S Iffco Tokyo General Insurance vs Ambamma W/O Ambanna on 6 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2628
MFA No. 102598 of 2014
C/W MFA No. 102599 of 2014
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.102598 OF 2014 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO.102599 OF 2014
IN M. F. A. NO.102598 OF 2014 (MV-D)
BETWEEN:
M/S. IFFCO-TOKYO GENERAL INSURANCE
RAGHAVA KRISHNA COMPLEX, BELLARY,
REPRESENTED BY
SENIOR MANAGER, LEGAL T.P CLAIMS,
IFFCO-TOKYO GENERAL INSURANCE
COMPANY, CUSTOMER SERVICE
CENTER, SHRI SHANTI TOWERS,
5TH FLOOR, 3RD MAIN, 141,
EAST OF N.G.E.F. LAYOUT,
KASTURINAGAR, BANGALURU-560043
REP. BY AUTHORISED SIGNATORY.
...APPELLANT
(BY SRI. S.K. KAYAKAMATH, ADVOCATE)
AND:
Digitally 1. NARAYANA S/O. LALEPPA,
signed by
SAROJA AGE: 51 YEARS,
SAROJA HANGARAKI
HANGARAKI Date: R/O: P.D. HALLI VILLAGE,
2024.02.19 BELLARY TALUK and DISTRICT.
16:00:58
+0530
2. SMT. LAKSHMI W/O. NARAYANA,
AGE: 46 YEARS,
R/O: P.D. HALLI VILLAGE,
BELLARY TALUK and DISTRICT.
3. GEETHA D/O. NARAYANA,
AGE: 20 YEARS,
R/O: P.D. HALLI VILLAGE,
BELLARY TALUK and DISTRICT.
4. SRIKANTHA S/O. NARAYANA,
AGE: 18 YEARS,
R/O: P.D. HALLI VILLAGE,
BELLARY TALUK and DISTRICT.
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NC: 2024:KHC-D:2628
MFA No. 102598 of 2014
C/W MFA No. 102599 of 2014
5. K. GADILINGAPPA S/O. THIMMAPPA,
AGE: 31 YEARS,
DRIVER OF TRACTOR AND TRAILER,
BEARING REGN.KA-34/TA-0061
And KA-34/T-9369,
R/O: T. BUDIHAL VILLAGE,
BELLARY TALUK and DISTRICT.
6. MR. MURTHANA S/O. RANGAPPA,
AGE: 51 YEARS,
OWNER OF TRACTOR BEARING,
REGN.NO.KA-34/TA-0061,
R/O: P.D. HALLI VILLAGE,
BELLARY TALUK and DISTRICT.
7. U. BHASKAR REDDY S/O. VEERA REDDY,
AGE: 41 YEARS, OCC: AGRICULTURIST,
R/O: SIDDAMMANAHALLI VILLAGE,
BELLARY TALUK and DISTRICT.
...RESPONDENTS
(BY SRI. B.C. JNANYYASWAMI, ADVOCATE FOR R1;
SRI. HANUMATHAREDDY SAHUKAR, ADVOCATE FOR R5 AND R6;
SRI. MANJUNATH G.PATIL, ADVOCATE FOR R7;
NOTICE TO R2-R4 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DTD: 28.06.2014 PASSED IN MVC NO.1100/2013 ON THE
FILE OF THE III MOTOR ACCIDENT CLAIMS TRIBUNAL AT BELLARY,
AWARDING THE COMPENSATION OF RS.4,08,000/- WITH INTEREST
AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION TILL ITS
DEPOSIT.
IN M. F. A. NO.102599 OF 2014
BETWEEN:
M/S. IFFCO-TOKYO GENERAL INSURANCE
RAGHAVA KRISHNA COMPLEX, BELLARY,
NOW REPRESENTED BY
AUTHORIZED SIGNATORY LEGAL T.P. CLAIMS,
IFFCO-TOKYO GENERAL INSURANCE
COMPANY, CUSTOMER SERVICE
CENTER, SHRI. SHANTI TOWERS,
5TH FLOOR, 3RD MAIN, 141, EAST OF N.G.E.F. LAYOUT,
KASTURINAGAR, BANGALURU-560043.
...APPELLANT
(BY SRI. S.K. KAYAKAMATH, ADVOCATE)
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NC: 2024:KHC-D:2628
MFA No. 102598 of 2014
C/W MFA No. 102599 of 2014
AND:
1. SMT. AMBAMMA W/O. AMBANNA,
AGE: 40 YEARS, R/O: P.D. HALLI VILLAGE,
BELLARY TALUK and DISTRICT.
2. MARESH S/O. AMBANNA,
AGE: 19 YEARS, R/O: P.D. HALLI VILLAGE,
BELLARY TALUK and DISTRICT.
3. K. GADILINGAPPA S/O. THIMMAPPA,
AGE: 31 YEARS,
DRIVER OF TRACTOR AND TRAILER,
BEARING REGN.KA-34/TA-0061
AND KA-34/T-9369,
R/O: T. BUDIHAL VILLAGE,
BELLARY TALUK and DISTRICT.
4. MR. MURTHANA S/O. RANGAPPA,
AGE: 51 YEARS,
OWNER OF TRACTOR BEARING,
REGN.NO.KA-34/TA-0061,
R/O: P.D. HALLI VILLAGE,
BELLARY TALUK and DISTRICT.
5. U. BHASKAR REDDY S/O. VEERA REDDY,
AGE: 41 YEARS, OCC: AGRICULTURIST,
R/O: SIDDAMMANAHALLI VILLAGE,
BELLARY TALUK and DISTRICT.
...RESPONDENTS
(BY SRI. HANUMATHAREDDY SAHUKAR, ADVOCATE FOR R3 AND R4;
SRI. MANJUNATH G.PATIL, ADVOCATE FOR R5;
NOTICE TO R1-R2 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DTD: 28.06.2014 PASSED IN MVC NO.1101/2013 ON THE
FILE OF THE III MOTOR ACCIDENT CLAIMS TRIBUNAL AT BELLARY,
AWARDING THE COMPENSATION OF RS.4,35,000/- WITH INTEREST
AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION TILL ITS
DEPOSIT.
THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 102598 of 2014
C/W MFA No. 102599 of 2014
JUDGMENT
Heard Sri.S.K.Kayakamath, learned counsel for the
appellant - Insurance Company and
Sri.B.C.Jnanayyaswami, Sri.Hanumanthareddy Sahukar
and Sri.Manjunath G Patil, learned counsels for
respondents.
2. Though claimants in MFA No.102599/2014 are
served, remained absent.
3. These two appeals are filed by the Insurance
Company challenging the validity of judgment and award
passed in MVC No.1100/2013 and MVC No.1101/2013 on
the file of Additional Motor Accident Claims Tribunal,
Ballari dated 28.06.2014.
4. Facts in brief which are utmost necessary for
disposal of these cases are as under:
Two claim petitions were laid before the Tribunal
under Section 166 of Motor Vehicles Act contending that
claimants were proceeding in a tractor and trailer unit
bearing No.KA-34/0061 and KA-34/T-9369 on 11.10.2010
NC: 2024:KHC-D:2628
after loading the said tractor with sand at Chaganur
village. When the tractor-trailer unit was proceeding near
T.Budihal village, the driver of tractor-trailer unit lost
control over the tractor-trailer unit and whereby tractor
turtled and fell down and claimants who were the coolies
in the said tractor after loading the sand in the tractor-
trailer unit sustained injuries. Therefore, sought for
awarding compensation.
5. Claim petitions, on contest, came to be allowed
by granting compensation as under:
1. Loss of dependency : Rs.3,78,000/-
2. Transportation of dead :
body and funeral expenses Rs.10,000/-
3. Loss of estate : Rs.10,000/-
4. Loss of love and affection : Rs.10,000/-
Total : Rs.4,08,000/-
1. Loss of dependency : Rs.4,05,000/-
2. Transportation of dead :
body and funeral expenses Rs.10,000/-
3. Loss of estate : Rs.10,000/-
4. Loss of love and affection : Rs.10,000/-
Total : Rs.4,35,000/-
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6. Being aggrieved by the same, Insurance
Company has filed the present appeals.
7. Sri.S.K.Kayakamath, learned counsel for the
appellant reiterating the grounds urged in the appeal
memorandum, contended that in the case on hand,
Sri.U.Bhaskar Reddy who is owner of trailer bearing
No.KA-34/T-9369 got examined himself and produced
necessary material on record showing that in the books of
regional transport office KA-34/T-9369 is a tractor and not
trailer as contended by the claimants. Therefore, the very
claim petition itself is consisting of false factual aspects
and sought for allowing the appeals by dismissing the
claim petitions.
8. Sri.Manjunath G Patil, learned counsel for the
owner of trailer supports the argument of appellants and
sought for passing suitable orders.
9. Sri.Hanumanthareddy Sahukar, learned counsel
representing the driver and owner of tractor bearing
No.KA-34/0061 also supports the arguments of appellants.
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10. Sri.B.C.Jnanayyaswami, learned counsel for
respondent No.1/claimant in MFA No.102598/2014
supports the impugned judgment.
11. Other claimants are served with notice of
appeal but they remained absent.
12. In view of contentions urged on behalf of
appellants and the owners of tractor bearing No.KA-
334/0061 and trailer bearing No.KA-34/T-9369, this Court
perused the material on record.
13. On such perusal of material on record,
especially Ex.R.2 which is 'B' register extract which shows
that so called trailer KA-34/T-9369 as is claimed by the
claimants is not a trailer but it is a tractor manufactured
by HMT.
14. There is sufficient force in the argument put
forth on behalf of appellants that claimants have falsely
laid a claim in the aforesaid claim petitions by contending
that they met with an accident while travelling in the
trailer after loading the sand.
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15. When vehicle bearing No.KA-34/T-9369 is not a
trailer at all, the very genesis of the accident as is
propounded by the claimants cannot be countenanced in
law. Said matter has not been properly considered by the
Tribunal.
16. Therefore, a case is made out by the appellants
to set aside the impugned judgment.
17. Accordingly, this Court by exercising powers
vested in this Court under Section 173(1) of Motor
Vehicles Act and on re-appreciation of material on record,
is of the opinion that the claimants have failed to prove
the accident as is claimed by them as admittedly the
alleged trailer bearing No.KA-34/T-9369 is not a trailer but
it s a tractor belonging to Sri.U.Bhaskar Reddy.
18. In view of the foregoing discussion, following
order is passed:
ORDER
(i) Appeals are allowed.
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(ii) Impugned judgment and award passed by
the Tribunal is hereby set aside.
(iii) Claim petitions stand dismissed.
(iv) Amount in deposit is ordered to be returned
to the appellants - Insurance Company
under due identification.
Sd/-
JUDGE
SH
