Karnataka High Court
D N Ravi Kumar vs Siddalingaiah on 16 February, 2024
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NC: 2024:KHC:6774
MFA No. 10532 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 10532 OF 2013 (MV-I)
BETWEEN:
1. D N RAVI KUMAR,
S/O NAGARAJ,
AGED ABOUT 28 YEARS,
R/O DODDAGUNI VILLAGE,
NOW R/O SIDDAPPANAPALYA,
HEBBUR HOBLI,
TUMKUR TALUK AND DISTRICT.
...APPELLANT
(BY SRI. VIJAYAKUMAR S C.,ADVOCATE)
AND:
1. SIDDALINGAIAH,
S/O AJJAGONDAIAH,
AGED ABOUT 62 YEARS,
R/O BOMMARSANAHALLI HATTI VILALGE,
NITTUR HOBLI,
Digitally GUBBI TALUK,
signed by
BHARATHI S TUMKUR DISTRICT- 572216.
Location:
HIGH COURT 2. THE MANAGER IFFCO TOKIO
OF
KARNATAKA GENERAL INSURANCE CO LTD,
BRANCH OFFICE, #2, IST FLOOR,
S N R ARCADE, AYYAPPA TEMPLE ROAD,
JALAHALLI CROSS,
PEENYA,
BANGALORE-560057.
...RESPONDENTS
(BY SRI. B. PRADEED., ADVOCATE FOR R2;
R1 SERVED AND UNREPRESENTED)
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NC: 2024:KHC:6774
MFA No. 10532 of 2013
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT
AND AWARD DATED 29.12.2012 PASSED IN MVC NO.907/2011 ON
THE FILE OF THE III ADDITIONAL DISTRICT & SESSIONS JUDGE,
TUMKUR, DISMISSING THE CLAIM PETITION FOR COMPENSATION
AND ETC,.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the claimant challenging
the judgment and award dated 29.12.2012 passed in
MVC.No.907/2011 on the file of the III Additional District
Judge, Tumkur1, wherein the claim petition has been
dismissed.
2. For the sake of convenience, the parties herein
are referred as per their ranking before the Tribunal.
3. Learned counsel for the Appellant - claimant
assailing the judgment and award passed by the Tribunal
and submits that in a connected MVC.No.641/2011 filed by
the rider of the vehicle Respondent No.2 - insurer has
accepted liability and the compensation amount in the said
claim petition has been paid. Hence, in the present case also
Respondent No.2 is liable to pay the compensation awarded
by the Tribunal.
Hereinafter referred to as the 'Tribunal'
NC: 2024:KHC:6774
4. Learned counsel for Respondent No.2 - insurer
does not dispute the fact that the compensation awarded in
MVC.No.641/2011 has been satisfied by the insurer.
5. It is noticed that claim petition in the present
appeal has been filed by the pillion rider of the said motor
cycle bearing No. KA.05.H.164 and the claim petition in
MVC.No.641/2011 has been filed by the rider.
6. In view of the same, having regard to the fact
that Respondent No.2 has satisfied the compensation with
respect to the claim proceedings initiated by the rider of the
motor cycle, the Respondent No.2 - insurer is liable to pay
the compensation in the present claim proceedings also.
7. The Tribunal has assessed the compensation
payable to the claimant at `15,000/- since claimant has
sustained five simple injuries.
8. In view of the aforementioned, the following:
NC: 2024:KHC:6774
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 29.12.2012
passed in MVC.No.907/2011 by the III
Additional District Judge, Tumkur, is set
aside;
iii) The claim petition MVC.No.907/2011 filed
by the Appellant - claimant on the file of
the III Additional District Judge, Tumkur is
allowed. The Respondent No.2 - insurer is
directed to pay the Appellant - claimant a
compensation of `15,000/- together with
6% per annum from the date of petition till
the date of payment ;
iv) The compensation shall be deposited before
the Tribunal by the insurer within eight
weeks from the date of receipt of a copy of
this judgment;
v) Consequent to deposit, the entire amount
together with accrued interest shall be
disbursed to the claimant;
vi) The Registry to draw the modified award
accordingly;
vii) No costs.
Sd/-
JUDGE
