Karnataka High Court
Mariyappa S/O Basappa Tidi vs Madhu @ Mudukappa S/O Basappa on 7 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2726
MFA No. 100147 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO. 100147 OF 2018 (MV-D)
BETWEEN:
MARIYAPPA S/O. BASAPPA TIDI
AGE:37 YEARS, OCC:AGRICULTURE,
R/O: CHIKKAMADINAL
TQ:GANGAVATHI, DIST:KOPPAL-583231
...APPELLANT
(BY SRI. D.V. PATTAR AND
SRI. ANAND R. KOLLI, ADVOCATES)
AND:
1. MADHU @ MUDUKAPPA S/O. BASAPPA
AGE:36 YEARS, OCC:DRIVER AND OWNER OF
MAHENDRA GOODS VEHICLE,
Digitally
signed by
SAMREEN
BEARING NO.KA-51/B3164
SAMREEN AYUB
AYUB DESHNUR R/O:CHIKKAMADINAL
DESHNUR Date:
2024.02.15
13:26:00
TQ:GANGAVATHI, DIST:KOPPAL
+0530
NOW RESIDING AT RAMESH BUILDING
KAMASANDRA CROSS, HEBBAGODI TQ:ANEKAL,
BENGALURU-560100.
2. THE MANAGER
NATIONAL INSURANCE CO LTD
M.G.CIRCLE RAICHRU-584101.
...RESPONDENTS
(BY SRI. S.V. YAJI, ADVOCATE FOR R2;
NOTICE SERVED TO R1 BUT UNREPRESENTED)
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NC: 2024:KHC-D:2726
MFA No. 100147 of 2018
THIS MISCELLANEOUS FIRST APPEAL FILED UNDER
173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD DATED 24.08.2016
PASSED IN MVC NO.224/2015 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
GANGAVATHI AND ALLOW THE APPEAL AND ENHANCE THE
COMPENSATION IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.D.V.Pattar, learned counsel appearing on behalf
of Sri.Anand R. Kolli, learned counsel for the appellant and
Sri.S.V.Yaji, learned counsel for respondent No.2.
2. Claimant is in appeal challenging the award passed
in MVC No.224/2015 dated 24.08.2016 on the file of Senior
Civil Judge and MACT, Gangavathi.
3. Brief facts of the case are as under:
A claim petition came to be filed under Section 166 of
Motor Vehicles Act contending that on 04.05.2014, one
Basappa was travelling in a goods vehicle bearing No.KA-51/B-
3164 from Bengaluru to Chikkamadinal Village at about 5.30
p.m., driver of the said vehicle near Hiriyur, drove the vehicle
in a rash and negligent manner whereby, the vehicle got
toppled and Basappa sustained grievous injuries and he was
NC: 2024:KHC-D:2726
shifted in a ambulance to the hospital wherein, he was declared
dead.
4. Claimant being the son of deceased Basappa,
sought for awarding appropriate compensation. Claim petition
on contest, came to be allowed in part by granting sum of
Rs.2,70,000/- with interest at 6% p.a. from the date of
petition, saddling the liability on the owner of the vehicle as
Basappa was a gratuitous passenger.
5. Being aggrieved by the same, claimant is in the
appeal.
6. Sri.D.V.Pattar, learned counsel for the appellant
reiterating the grounds urged in the appeal memorandum
sought for shifting the liability on the Insurance Company and
also enhancing the quantum of compensation.
7. Per contra, Sri.S.V.Yaji, learned counsel for
respondent No.1 supported the impugned judgment stating
that material on record clearly indicate that the deceased was a
gratuitous passenger in the vehicle and not a person who was
moving in the vehicle along with the goods.
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8. In view of the rival contentions of the parties, this
Court perused the material on record, meticulously.
9. On such perusal of the material on record would go
to show that Basapppa was only travelling in the said vehicle to
bring the household articles. That would clearly make out a
case that deceased was not travelling with the goods and
therefore, he is termed as a gratuitous passenger.
10. Accordingly, shifting of the liability on the
Insurance Company is not permissible.
11. Further, amount of compensation awarded is itself
on the higher side. Owner has not preferred any appeal and
therefore, no scope for enhancement of compensation.
12. Hence, the following:
ORDER
(i) Admission declined.
(ii) Appeal is dismissed.
(iii) No order as to costs.
Sd/-
JUDGE
