Karnataka High Court
Somashekhar S/O Guddappa Yareshmimi vs Ayisha W/O Ibrahimkhan Khakad on 20 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:4164
MFA No. 100472 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO. 100472 OF 2014 (MV-D)
BETWEEN:
SOMASHEKHAR S/O. GUDDAPPA YARESHIMI,
AGE: 50 YEARS, OCC: GOVT. SERVICE,
R/O: SANGUR, TQ AND DIST: HAVERI,
PREVIOUS OWNER AND INSURED OF
MOTOR CYCLE NO. KA-27/J-7704
...APPELLANT
(BY SRI. RAGHAVENDRA PUROHIT, REP.
SRI. DINESH M. KULKARNI, ADVOCATES)
AND:
1. AYISHA W/O. IBRAHIMKHAN KHAKAD
AGE: 23 YEARS,
OCC: HOUSEHOLD,
R/O: HAVANAGI, TQ: HANGAL,
Digitally DIST: HAVERI.
signed by
SAMREEN
SAMREEN AYUB
AYUB DESHNUR 2. KUMAR. SUMAYYA
DESHNUR Date:
2024.02.23 S/O. IBRAHIMKHAN KHAKAD
17:05:08
+0530 AGE: 11 YEARS, OCC: STUDENT,
R/O: HAVANAGI, TQ: HANGAL
DIST: HAVERI.
3. MOHAMMAD SADIQ
S/O. IBRAHIMKHAN KHAKAD
AGE: 09 YEARS,
OCC: STUDENT,
R/O: HAVANAGI,
TQ: HANGAL DIST: HAVERI
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NC: 2024:KHC-D:4164
MFA No. 100472 of 2014
PETITIONERS NO. 2 AND 3 ARE MINORS
REPRESENTED BY MINOR GUARDIAN AND
NATURAL MOTHER RESPONDENT NO.1.
4. VAJIRABI W/O. MAHABUBKHAN KHAKAD
AGE: 77 YEARS, OCC: HOUSEHOLD,
R/O HAVANAGI, TQ: HANGAL, DIST: HAVERI.
5. JABIULLA S/O TAJUDDIN MULLA
AGE: 34 YEARS,
OCC: BAR BENDING WORK,
R/O: HAVANAGI,
TQ: HANGAL DIST: HAVERI
PRESENT OWNER OF MOTOR CYCLE
NO. KA-27/J-7704
6. THE BRANCH MANAGER
NATIONAL INSURANCE CO. LTD.,
1ST FLOOR, KRISHNA AGENCY BUILDING,
P.B. ROAD, HAVERI.
...RESPONDENTS
(NOTICE SERVED TO R1;
R2-R3 MINORS REPRESENTED BY R1;
RAJSHEKHAR R. GUNJALLI, ADVOCATE FOR R5;
SRI. S.V. YAJI, ADVOCATE FOR R6)
THIS MISCELLANEOUS FIRST APPEAL FILED
U/SEC.173(1) OF MV ACT, PRAYING TO MODIFY THE
JUDGMENT AND AWARD DATED:06.11.2013, PASSED IN
MVC.NO.53/2012 ON THE FILE OF THE ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, AT HANGAL, INSOFAR AS
APPELLANT IS CONCERNED, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:4164
MFA No. 100472 of 2014
JUDGMENT
Though the matter is listed for admission, by consent of
parties, the matter is taken up for final disposal.
2. Heard Shri. Raghavendra Purohit representing Shri.
Dinesh M. Kulkarni, learned counsel for the appellant. Shri.
Rajashekhar R. Gunjalli, learned counsel for respondent No.5
remained absent.
3. Third respondent-Somashekhar in MVC No.53/2012
who was the previous owner of the motor cycle bearing
registration No.KA-27/J-7704 is the appellant challenging the
fastening the liability on him in respect of sum of Rs.8,52,500/-
along with the present owner Jabiulla who is the first
respondent and challenging the validity of judgment and award
passed in MVC No.53/2012 on the file of Additional Motor
Accident Claims Tribunal, Hangal, dated 06.11.2013.
4. Shri. Raghavendra Purohit, learned counsel for the
appellant, reiterating the grounds urged in the appeal
memorandum contended that as on the date of accident, the
vehicle was duly transferred in the name of Shri. Jabiulla who is
NC: 2024:KHC-D:4164
the first respondent and therefore, fastening the liability on the
third respondent who is the appellant is incorrect.
5. First respondent though served with the notice of
the appeal remained absent. Fifth respondent has engaged the
services of Shri. Rajashekhar R. Gunjalli, who is absent today.
6. Having perused the material on record, it is crystal
clear that the present appellant was the previous owner of the
motor cycle bearing registration No.KA-27/J-7704.
7. Therefore, he cannot be saddled with the liability as
is saddled in the impugned judgment.
8. Hence, a case is made out for modification of the
award. Accordingly, the following order is passed:
ORDER
(i) Appeal is allowed in part.
(ii) The joint liability to pay the
compensation, in a sum of Rs.8,52,500/-, is
hereby set aside insofar as the appellant is
concerned.
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(iii) Consequently entire compensation
amount is payable by Shri. Jaibulla who is the
fifth respondent in this appeal.
(iv) Amount in deposit is ordered to be
returned to the appellant under due
identification.
Sd/-
JUDGE
SMM
