Karnataka High Court
Manali vs Roopesh S/O Seetaram Shetty on 16 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3846
MFA No. 102692 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.102692 OF 2016 (MV)
BETWEEN:
1. SMT. MANALI
W/O. MANJUNATH SHETTY,
AGE:31 YEARS,
OCC. HOUSEWIFE,
R/O: BORE, POST. KADRA, KARWAR.
2. KUMARI. NIKHITA
D/O. MANJUNATH SHETTY,
AGE: 12 YEARS,
OCC. STUDENT,
3. KUMARI. NAMITA
D/O. MANJUNATH SHETTY,
Digitally
signed by
AGE: 8 YEARS,
SAMREEN
SAMREEN AYUB OCC. STUDENT,
AYUB DESHNUR
DESHNUR Date:
2024.02.23
17:06:26
+0530
4. KUMARI. SAHIL
S/O. MANJUNATH SHETTY,
AGE: 8 YEARS,
OCC. STUDENT,
NOTE: APPELLANT NO.2 TO 4 ARE
MINORSRPTD BY NEXT FRIEND MOTHER,
SMT. MANALI
W/O. MANJUNATH SHETTY,
APPELLANT NO.1,
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NC: 2024:KHC-D:3846
MFA No. 102692 of 2016
ALL ARE R/O. BORE,
POST: KADRA
KARWAR.
...APPELLANTS
(BY SRI. T.M. NADAF, ADVOCATE)
AND:
1. ROOPESH
S/O. SEETARAM SHETTY,
R/O: BORE, POST. KADRA, KARWAR.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
DIVISIONAL OFFICE, KAIKENI ROAD,
KARWAR.
...RESPONDENTS
(BY SRI. GIRISH A.YADAWAD, ADVOCATE FOR R1;
SMT. ANUNA R. DESHPANDE, ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL FILED U/S.173(1)
OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT
AND AWARD DATED 11.06.2014 PASSED IN MVC NO.29/2012
ON THE FILE OF THE MEMBER, 2ND ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, KARWAR, DISMISSING THE
PETITION FILED U/S. 163-A OF M.V. ACT.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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NC: 2024:KHC-D:3846
MFA No. 102692 of 2016
JUDGMENT
Though the matter is listed for admission, with the
consent of the parties, it is taken up for final disposal.
2. Heard Sri.T.M.Nadaf, learned counsel for the
appellants and Sri.Ashok C. Angadi, learned counsel for
respondent No.1.
3. The present appeal is filed by challenging the
validity of the judgment and award passed in MVC
No.29/2012 dated 11.06.2014 on the file of II Additional
MACT, Karwar.
4. Brief facts of the case are as under:
A claim petition came to be filed under Section 163A
of the Motor Vehicles Act by the dependants of
Sri.Manjunath Shetty, who died an accidental death while
riding a motorcycle bearing No.KA-30/Q-0857.
5. Tribunal by applying the principles of law
enunciated in the case of Ningamma and another Vs.
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United India Insurance Co. Ltd. reported in 2009 ACJ
2020 (SC) and similar matters, dismissed the claim
petition by holding that deceased stepped in to the shoes
of the owner and therefore, he is not entitled to claim the
compensation.
6. However, on perusal of Ex.R.1 - Copy of the
Insurance Policy, extra premium in a sum of Rs.50/- is
paid to cover the personal accident claim.
7. As such, the maximum amount payable for the
payment of additional premium of Rs.50/- is Rs.1,00,000/.
This aspect of the matter has been ignored by learned
Trial Judge while passing the impugned judgment and
therefore, a case is made out by the appellants to allow
the claim petition in a sum of Rs.1,00,000/- with interest
at 6% p.a. from the date of petition till realization, less the
delayed period in filing the appeal.
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8. Accordingly, following:
ORDER
i. Appeal is allowed.
ii. Impugned judgment passed in MVC
No.29/2012 is hereby set aside.
iii. Claim petition is allowed in part by
granting compensation of Rs.1,00,000/-
with interest at 6% p.a. from the date of
petition till realization.
iv. Less 706 days which is the delayed period
in filing the appeal.
v. Insurance Company is granted four weeks
time to pay the balance compensation.
Sd/-
JUDGE
KAV
