Karnataka High Court
Ajjapa S/O Basappa Angadi vs Bhimappa Laxamappa Siddannavar on 12 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3386
MFA No.23138 of 2013
C/W MFA No.20824 of 2013,
MFA No.23137 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.23138 OF 2013 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.20824 OF 2013
MISCELLANEOUS FIRST APPEAL NO.23137 OF 2013
IN MFA.NO.23138 OF 2013
BETWEEN:
SHRI. AJJAPA S/O. BASAPPA ANGADI,
AGE: MAJOR (55 YEARS),
OCC: OWNER OF TIPPER BEARING KA-24/3689,
R/O: SOPPADLA, TQ: SAUNDATTI, DIST: BELAGAVI.
...APPELLANT
(BY SMT. SHAILA BELLIKATTI, ADVOCATE)
AND:
1. SHRI. RAMAPPA LAXAMAPPA SANGLI,
AGE: 33 YEARS, OCC: HAMALI,
R/O: MADAMAGERI, TQ: SAUNDATTI, DIST: BELAGAVI.
SAMREEN
AYUB 2. THE DIVISIONAL MANAGER,
DESHNUR
Digitally signed by
SAMREEN AYUB
NATIONAL INSURANCE CO. LTD.,
DESHNUR
Date: 2024.02.23
14:30:19 +0530
RAMDEV GALLI, BELAGAVI, DIST: BELAGAVI.
(INSURER OF VEHICLE NO.KA-24/3689)
...RESPONDENTS
(BY SRI. R.R. MANE, ADVOCATE FOR R2;
NOTICE TO R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF M.V. ACT, AGAINST THE JUDGMENT AND
AWARD DATED: 26.06.2012 PASSED IN M.V.C. NO.2739/2010 ON
THE FILE OF THE III-ADDL. SENIOR CIVIL JUDGE AND MEMBER,
ADDL. MACT, BELAGAVI, AWARDING THE COMPENSATION OF
RS.14,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE
DATE OF PETITION TILL ITS REALIZATION.
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NC: 2024:KHC-D:3386
MFA No.23138 of 2013
C/W MFA No.20824 of 2013,
MFA No.23137 of 2013
IN MFA.NO.20824 OF 2013
BETWEEN:
AJJAPPA S/O. BASAPPA ANGADI,
AGE: 55 YEARS, OCC: BUSINESS,
R/O: SOPPADLA, TQ: SAUNDATTI, DT: BELAGAVI.
...APPELLANT
(BY SMT. SHAILA BELLIKATTI, ADVOCATE)
AND:
1. KALLOLEPPA S/O. YALLAPPA NARI,
AGE: 63, OCC: AGRICULTURE,
R/O. MABANUR, TQ: SAUNDATTI, DT: BELAGAVI.
2. NATIONAL INSURANCE COMPANY LTD.,
BRANCH OFFICE, APMC YARD
SAUNDATTI, DIST: BELAGAVI.
(INSURER OF VEHICLE NO.KA-24-3689)
...RESPONDENTS
(BY SRI. GURURAJ R.TURUMARI, ADVOCATE FOR R1;
MISS. VINAYA KUPPELLUR, ADVOCATE FOR
SRI. N.R. KUPPELLUR, ADVOCATE FOR R2)
THIS M.F.A. IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:26-12-2011 PASSED IN MVC
NO.1863/2010 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND
MEMBER, ADDL. MACT, SAUNDATTI, AWARDING THE
COMPENSATION OF RS.77,700/- WITH INTEREST AT THE RATE OF
6% P.A., FROM THE DATE OF PETITION TILL REALISATION.
IN MFA.NO.23137 OF 2013
BETWEEN:
SHRI. AJJAPA S/O. BASAPPA ANGADI,
AGE: MAJOR (55 YEARS),
OCC: OWNER OF TIPPER BEARING KA-24/3689,
R/O: SOPPADLA, TQ: SAUNDATTI,
DIST: BELAGAVI.
...APPELLANT
(BY SMT. SHAILA BELLIKATTI, ADVOCATE)
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NC: 2024:KHC-D:3386
MFA No.23138 of 2013
C/W MFA No.20824 of 2013,
MFA No.23137 of 2013
AND:
1. SHRI. BHIMAPPA LAXAMAPPA SIDDANNAVAR,
AGE: 33 YEARS, OCC: HAMALI,
R/O: MADAMAGERI, TQ: SAUNDATTI,
DIST: BELAGAVI.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
RAMDEV GALLI, BELAGAVI,
DIST: BELAGAVI.
(INSURER OF VEHICLE NO. KA-24/3689)
...RESPONDENTS
(BY SRI. R.R. MANE, ADVOCATE FOR R2;
NOTICE TO R1 SERVED)
THIS M.F.A. IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:26-06-2012 PASSED IN MVC
NO.2740/2010 ON THE FILE OF III-ADDL. SENIOR CIVIL JUDGE AND
MEMBER, ADDL. MACT, BELAGAVI, AWARDING THE COMPENSATION
OF RS.59,000/- WITH INTEREST AT THE RATE OF 6% P.A., FROM
THE DATE OF PETITION TILL REALISATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Smt.Shaila Bellikatti, learned counsel for the
appellant and Sri.R.R.Mane, learned counsel for
respondent - Insurance Company in all the appeals.
2. Though these appeals are listed for admission,
with the consent of both parties, they are taken up for
final disposal.
NC: 2024:KHC-D:3386
C/W MFA No.20824 of 2013,
3. MFA Nos.23138/2013 and 23137/2013 arise out of
judgment and award passed in MVC No.2739/2010 and
MVC No.2740/2010 respectively on the file of Additional
Motor Accident Claims Tribunal, Belagavi dated
26.06.2012.
4. MFA No.20824/2013 arises out of judgment and
award passed in MVC No.1863/2010 on the file of
Additional Motor Accident Claims Tribunal, Saundatti dated
26.12.2011.
5. These three appeals are filed by the owner of
tipper lorry bearing No.KA-24/3689.
6. Claimants being the inmates of tipper lorry
bearing No.KA-24/3689 suffered accidental injures in a
road traffic accident occurred on 13.03.2010. They were
shifted to hospital and treated. Hence, they laid a claim
before the Tribunal under Section 166 of Motor Vehicles
Act for awarding suitable compensation.
NC: 2024:KHC-D:3386
C/W MFA No.20824 of 2013,
7. Tribunal, on contest, allowed the claim petitions in
part and awarded suitable compensation.
8. The liability is fastened on to the owner of the
vehicle on the ground that the claimants were not
travelling as passengers and they were travelling as
coolies.
9. Owner of the offending vehicle, contested the
claim petitions. Insurance Company was exonerated from
liability on the ground that there was no claim under
Workmen's Compensation Act.
10. Since necessary evidence was not placed before
the Tribunal, they were treated as unauthorized
passengers and therefore, liability of Insurance Company
was exonerated.
11. Being aggrieved by fastening of liability on the
owner as well as quantum of compensation awarded,
owner is in appeals.
NC: 2024:KHC-D:3386
C/W MFA No.20824 of 2013,
12. Smt.Shaila Bellikatti, learned counsel
representing the appellant - owner in all the three appeals,
vehemently contended that the Tribunal has grossly erred
in fastening liability on the owner of the tipper lorry.
13. She further contended that quantum of
compensation is also on higher side especially in MVC
No.2740/2010 and MVC No.1863/2010.
14. She further contended that in case of fracture
of rib, awarding loss of future income in a sum of
Rs.30,600/- in MVC No.2740/2010 is incorrect.
15. So also, in respect of claim in MVC
No.1863/2010, for fracture injury that has been suffered
by the claimant, awarding future disability to the extent of
Rs.25,200/- is incorrect and sought for reducing the
quantum of compensation.
16. Per contra Sri.Gururaj R. Turumari, learned
counsel representing the claimant in MVC No.1863/2010
supported the quantum of compensation by contending
NC: 2024:KHC-D:3386
C/W MFA No.20824 of 2013,
that Doctor M. G. Umarani, has been examined as P.W.2
and since he is not a treated Doctor, Tribunal has taken
disability factor as 10% though the disability factor
marked at Ex.P.32 shows 30% and therefore, hardly there
is any scope for reduction of the compensation.
17. However, he tried to contend that the injured is
a coolie as per the appellant himself and therefore, he is
entitled to receive the compensation from the Insurance
Company.
18. Sri.R.R.Mane and Sri.N. R. Kuppellur, learned
counsel supported the impugned judgment in toto and
contended that material evidence placed on record has
been rightly appreciated by both the Tribunals in fastening
the liability on the owners.
19. Taking note of the fact that there is no material
proof to show that the claimants are coolies nor they are
passengers in the goods vehicle along with the goods.
Therefore, they have been rightly termed as unauthorized
NC: 2024:KHC-D:3386
C/W MFA No.20824 of 2013,
passengers and their claim was not covered under the
Insurance Policy issued.
20. Sri.R.R.Mane, learned counsel brings to the
notice of the Court that very complaint averments shows
that they boarded the lorry enroute. Material on record
discloses that on payment of some reward to the driver,
they boarded the lorry for getting them dropped at a
farther place. Therefore, Tribunal was justified in
fastening the liability on the owner.
21. Taking note of these aspects of the matter, this
Court perused the material on record meticulously.
22. On such perusal of the material on record,
Tribunal has taken into consideration all relevant aspects
of the matter and the material evidence placed on record
by all the parties and has rightly come to the conclusion
that it is the owner, who is liable to pay the compensation.
23. Further, award of compensation in a sum of
Rs.59,600/-, Rs.14,000 and Rs.17,700/- in respect of
NC: 2024:KHC-D:3386
C/W MFA No.20824 of 2013,
claim in MVC Nos.2740/2010 and 2739/2010 on the file of
Additional MACT, Belagavi and claim in MVC No.1863/2010
on the file Additional MACT, Saundati are justified having
regard to the nature of injuries sustained and the material
evidence placed on record.
24. Accordingly, hardly there is any scope to
interfere with the well-reasoned order of the Tribunal.
25. Accordingly, following:
ORDER
(i) Appeals are meritless and hereby dismissed.
(ii) Amount in deposit is ordered to be transmitted
to the Tribunal.
(iii) Balance amount to be deposited within a period
of four weeks' from today.
(iv) No order as to costs.
Sd/-
JUDGE
SH upto para 15,KAV
