Karnataka High Court

United India Insurance Co. Ltd vs Tulasi W/O Subraya Gouda on 21 February, 2024

Author: V.Srishananda

Bench: V.Srishananda

                                                  -1-
                                                         NC: 2024:KHC-D:4282
                                                           MFA No. 23827 of 2012
                                       C/W MFA No. 21188 of 2013, MFA No. 23828
                                         of 2012, MFA No. 23826 of 2012, MFA No.
                                       23829 of 2012, MFA No. 23830 of 2012, MFA
                                        No. 23831 of 2012, MFA No. 23832 of 2012,
                                         MFA No. 23833 of 2012, MFA No. 25578 of
                                             2012 AND MFA. CROB No. 793 of 2013


                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                            DATED THIS THE 21ST DAY OF FEBRUARY, 2024

                                               BEFORE
                             THE HON'BLE MR JUSTICE V.SRISHANANDA
                                                                                    R
                          MISCELLANEOUS FIRST APPEAL NO.23827 OF 2012 (MV)
                                                 C/W
                            MISCELLANEOUS FIRST APPEAL NO.21188 OF 2013
                            MISCELLANEOUS FIRST APPEAL NO.23828 OF 2012,
                            MISCELLANEOUS FIRST APPEAL NO.23826 OF 2012,
                            MISCELLANEOUS FIRST APPEAL NO.23829 OF 2012,
                            MISCELLANEOUS FIRST APPEAL NO.23830 OF 2012,
                            MISCELLANEOUS FIRST APPEAL NO.23831 OF 2012,
                            MISCELLANEOUS FIRST APPEAL NO.23832 OF 2012,
                            MISCELLANEOUS FIRST APPEAL NO.23833 OF 2012,
                            MISCELLANEOUS FIRST APPEAL NO.25578 OF 2012,
        Digitally
        signed by
        SAMREEN
                                   MFA. CROSS OBJ NO.793 OF 2013,
SAMREEN AYUB
AYUB    DESHNUR      IN MISCELLANEOUS FIRST APPEAL NO.23827 OF 2012 (MV)
DESHNUR Date:
        2024.02.23
        17:16:20     BETWEEN:
        +0530

                     UNITED INDIA INSURANCE CO., LTD.,
                     THE DIVISIONAL OFFICE,
                     KAIKINI ROAD, KARWAR, REPTD.,
                     BY ITS DIVISIONAL MANAGER.
                                                                      ...APPELLANT
                     (BY SMT. PREETI SHASHANK, ADVOCATE)

                     AND:

                     1.    KUMARI SUPRITA ACHARI,
                           D/O. GAJANAN ACHARI,
                           AGED ABOUT 20 YEARS, OCC: STUDENT,
                               -2-
                                    NC: 2024:KHC-D:4282
                                     MFA No. 23827 of 2012
                 C/W MFA No. 21188 of 2013, MFA No. 23828
                   of 2012, MFA No. 23826 of 2012, MFA No.
                 23829 of 2012, MFA No. 23830 of 2012, MFA
                  No. 23831 of 2012, MFA No. 23832 of 2012,
                   MFA No. 23833 of 2012, MFA No. 25578 of
                       2012 AND MFA. CROB No. 793 of 2013


     R/O: HEBBANAKERI, TQ: HONNAVAR,
     DIST: UTTARA KANNADA.

2.   THE PRESIDENT,
     ROTARY CLUB, ANKOLA,
     TQ: ANKOLA, DIST: UTTARA KANNADA.
     (R.C. OWNER OF TELCO AMBULANCE
     BEARING NO.KA-22/A-8468)
                                             ...RESPONDENTS

(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE FOR R2;
    SRI. LAXMESH P.MATAGUPPI, ADVOCATE FOR R1)

      THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:18-04-2012 PASSED
IN MVC NO.195/2010 ON THE FILE OF MEMBER, ADDL. M.A.C.T,
HONAVAR, AWARDING THE COMPENSTION OF RS.68,250/- WITH
INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION
TILL REALISATION.

IN MISCELLANEOUS FIRST APPEAL NO.21188 OF 2013
BETWEEN:

KUMARI. SUPRITA ACHARI,
D/O. GAJANAN ACHARI,
AGED ABOUT 20 YEARS, OCC: STUDENT,
R/O: HEBBANAKERI, TQ: HONNAVAR,
DIST: UTTARA KANNADA-581345.
                                                ...APPELLANT
(BY SRI. LAXMESH P.MATAGUPPI, ADVOCATE)

AND:

1.   THE PRESIDENT,
     ROTARY CLUB, ANKOLA,
     TQ: ANKOLA, DIST: UTTARA KANNADA-581345.
     (R.C. OWNER OF TELCO AMBULANCE
     BEARING NO.KA-22/A-8468)

2.   SRI. RAGHAVANDRA NAIK,
     S/O. NAGESH NAIK
                              -3-
                                    NC: 2024:KHC-D:4282
                                     MFA No. 23827 of 2012
                 C/W MFA No. 21188 of 2013, MFA No. 23828
                   of 2012, MFA No. 23826 of 2012, MFA No.
                 23829 of 2012, MFA No. 23830 of 2012, MFA
                  No. 23831 of 2012, MFA No. 23832 of 2012,
                   MFA No. 23833 of 2012, MFA No. 25578 of
                       2012 AND MFA. CROB No. 793 of 2013


     R/O. HEGDE, TQ: KUMATA,
     UTTAR KANNADA-581346,
     (RC OWNER OF MAHINDRA MAXICAB
     BEARING REG. NO.KA-20/4597)

3.   THE DIVISIONAL MANAGER,
     UNITED INDIA INSURANCE CO. LTD.,
     DIVISIONAL OFFICE, KAYKENI ROAD,
     KARWAR, UTTAR KANNADA-58130.
                                             ...RESPONDENTS

(BY SMT. PREETI SHASHANK, ADVOCATE FOR R3;
    SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE FOR R1;
    R2 SERVED)

     THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:18-04-2012 PASSED
IN MVC NO.195/2010 ON THE FILE OF MEMBER, ADDL. M.A.C.T,
HONAVAR,(U.K.) PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

IN MISCELLANEOUS FIRST APPEAL NO.23828 OF 2012
BETWEEN:

UNITED INDIA INSURANCE CO., LTD.,
THE DIVISIONAL OFFICE,
KAIKINI ROAD, KARWAR, REPTD.,
BY ITS DIVISIONAL MANAGER.
                                                ...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)

AND:

1.   UDAY N.NAIK,
     S/O. NARAYAN NAIK,
     AGED ABOUT 42 YEARS,
     OCC: AUTO RICKSHWA DRIVER,

2.   KUMARI SAMIKSHA UDAY NAIK,
     AGED ABOUT 7 YEARS,
     OCC: STUDENT,
                              -4-
                                    NC: 2024:KHC-D:4282
                                     MFA No. 23827 of 2012
                 C/W MFA No. 21188 of 2013, MFA No. 23828
                   of 2012, MFA No. 23826 of 2012, MFA No.
                 23829 of 2012, MFA No. 23830 of 2012, MFA
                  No. 23831 of 2012, MFA No. 23832 of 2012,
                   MFA No. 23833 of 2012, MFA No. 25578 of
                       2012 AND MFA. CROB No. 793 of 2013



     BOTH ARE R/O. TOPPALAKERI,
     TQ: HONNAVAR, DIST: UTTAR KANNADA.

3.   THE PRESIDENT,
     ROTARY CLUB, ANKOLA,
     TQ: ANKOLA, DIST: UTTARA KANNADA.
     (R.C. OWNER OF TELCO AMBULANCE
     BEARING NO.KA-22/A-8468)
                                             ...RESPONDENTS

(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE FOR R3;
    R1 SERVED;
    R2 IS MINOR R/P BY R1)

      THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:18-04-2012 PASSED
IN MVC NO.182/2010 ON THE FILE OF MEMBER, ADDL. M.A.C.T,
HONAVAR, AWARDING THE COMPENSTION OF RS.3,90,000/- WITH
INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION
TILL REALISATION.

IN MISCELLANEOUS FIRST APPEAL NO.23826 OF 2012
BETWEEN:

UNITED INDIA INSURANCE CO., LTD.,
THE DIVISIONAL OFFICE,
KAIKINI ROAD, KARWAR, REPTD.,
BY ITS DIVISIONAL MANAGER.
                                                ...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)

AND:

1.   TULASI KOM SUBRAYA GOUDA,
     AGED ABOUT 47 YEARS, OCC: NILL,
     R/O: MADIKOTTIGE, AGRAHAR,
     POST: HALDIPUR, TQ: HONNAVAR,
     DIST: UTTAR KANNADA.
                             -5-
                                    NC: 2024:KHC-D:4282
                                     MFA No. 23827 of 2012
                 C/W MFA No. 21188 of 2013, MFA No. 23828
                   of 2012, MFA No. 23826 of 2012, MFA No.
                 23829 of 2012, MFA No. 23830 of 2012, MFA
                  No. 23831 of 2012, MFA No. 23832 of 2012,
                   MFA No. 23833 of 2012, MFA No. 25578 of
                       2012 AND MFA. CROB No. 793 of 2013


2.   THE PRESIDENT,
     ROTARY CLUB, ANKOLA,
     TQ: ANKOLA, DIST: UTTARA KANNADA.
     (R.C. OWNER OF TELCO AMBULANCE
     BEARING NO.KA-22/A-8468)
                                             ...RESPONDENTS

(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE FOR R2;
    R1 SERVED)

      THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:18-04-2012 PASSED
IN MVC NO.157/2010 ON THE FILE OF MEMBER, ADDL. M.A.C.T,
HONAVAR, AWARDING THE COMPENSTION OF RS.2,77,000/- WITH
INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION
TILL REALISATION.

IN MISCELLANEOUS FIRST APPEAL NO.23829 OF 2012
BETWEEN:

UNITED INDIA INSURANCE CO., LTD.,
THE DIVISIONAL OFFICE,
KAIKINI ROAD, KARWAR, REPTD.,
BY ITS DIVISIONAL MANAGER.
                                                ...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)

AND:

1.   SMT. LAXMI RAMA PADTI,
     AGED ABOUT 47 YEARS,
     OCC: ANGANAWADI HELPER AND COOLIE,
     R/O: KARKI, TQ: HONNAVAR,
     DIST: UTTAR KANNADA.

2.   THE PRESIDENT,
     ROTARY CLUB, ANKOLA,
     TQ: ANKOLA, DIST: UTTARA KANNADA.
                             -6-
                                    NC: 2024:KHC-D:4282
                                     MFA No. 23827 of 2012
                 C/W MFA No. 21188 of 2013, MFA No. 23828
                   of 2012, MFA No. 23826 of 2012, MFA No.
                 23829 of 2012, MFA No. 23830 of 2012, MFA
                  No. 23831 of 2012, MFA No. 23832 of 2012,
                   MFA No. 23833 of 2012, MFA No. 25578 of
                       2012 AND MFA. CROB No. 793 of 2013


     (R.C. OWNER OF TELCO AMBULANCE
     BEARING NO.KA-22/A-8468)
                                             ...RESPONDENTS

(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE FOR R2;
    R1 SERVED)

      THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:18-04-2012 PASSED
IN MVC NO.185/2010 ON THE FILE OF MEMBER, ADDL. M.A.C.T,
HONAVAR, AWARDING THE COMPENSTION OF RS.63,700/- WITH
INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION
TILL REALISATION.

IN MISCELLANEOUS FIRST APPEAL NO.23830 OF 2012
BETWEEN:

UNITED INDIA INSURANCE CO., LTD.,
THE DIVISIONAL OFFICE,
KAIKINI ROAD, KARWAR, REPTD.,
BY ITS DIVISIONAL MANAGER.
                                                ...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)

AND:

1.   GANAPU M.GOUDA S/O. MOLA GOUDA,
     AGED ABOUT 61 YEARS,
     OCC: COOLIE,
     R/O: KONKAR, TQ: HONNAVAR,
     DIST: UTTAR KANNADA.

2.   THE PRESIDENT,
     ROTARY CLUB, ANKOLA,
     TQ: ANKOLA, DIST: UTTARA KANNADA.
     (R.C. OWNER OF TELCO AMBULANCE
     BEARING NO.KA-22/A-8468)
                                             ...RESPONDENTS

(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE FOR R2;
    R1 SERVED)
                             -7-
                                    NC: 2024:KHC-D:4282
                                     MFA No. 23827 of 2012
                 C/W MFA No. 21188 of 2013, MFA No. 23828
                   of 2012, MFA No. 23826 of 2012, MFA No.
                 23829 of 2012, MFA No. 23830 of 2012, MFA
                  No. 23831 of 2012, MFA No. 23832 of 2012,
                   MFA No. 23833 of 2012, MFA No. 25578 of
                       2012 AND MFA. CROB No. 793 of 2013




      THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:18-04-2012 PASSED
IN MVC NO.39/2011 ON THE FILE OF MEMBER, ADDL. M.A.C.T,
HONAVAR, AWARDING THE COMPENSTION OF RS.49,500/- WITH
INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION
TILL REALISATION.

IN MISCELLANEOUS FIRST APPEAL NO.23831 OF 2012
BETWEEN:
UNITED INDIA INSURANCE CO., LTD.,
THE DIVISIONAL OFFICE,
KAIKINI ROAD, KARWAR, REPTD.,
BY ITS DIVISIONAL MANAGER.
                                                ...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)

AND:

1.   ABUBAKAR K.BABLU S/O. KASIM BABLU,
     AGED ABOUT 32 YEARS,
     OCC: FISHERMAN,
     R/O: VANNALLI, KUMTA,
     PRESENTLY R/AT KASARKOD,
     TQ: HONNAVAR,
     DIST: UTTAR KANNADA.

2.   THE PRESIDENT,
     ROTARY CLUB, ANKOLA,
     TQ: ANKOLA, DIST: UTTARA KANNADA.
     (R.C. OWNER OF TELCO AMBULANCE
     BEARING NO.KA-22/A-8468)
                                             ...RESPONDENTS

(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE FOR R2;
    R1 SERVED)

     THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:18-04-2012 PASSED
                             -8-
                                    NC: 2024:KHC-D:4282
                                     MFA No. 23827 of 2012
                 C/W MFA No. 21188 of 2013, MFA No. 23828
                   of 2012, MFA No. 23826 of 2012, MFA No.
                 23829 of 2012, MFA No. 23830 of 2012, MFA
                  No. 23831 of 2012, MFA No. 23832 of 2012,
                   MFA No. 23833 of 2012, MFA No. 25578 of
                       2012 AND MFA. CROB No. 793 of 2013


IN MVC NO.184/2010 ON THE FILE OF MEMBER, ADDL. M.A.C.T,
HONAVAR, AWARDING THE COMPENSTION OF RS.1,06,000/- WITH
INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION
TILL REALISATION.

IN MISCELLANEOUS FIRST APPEAL NO.23832 OF 2012
BETWEEN:

UNITED INDIA INSURANCE CO., LTD.,
THE DIVISIONAL OFFICE,
KAIKINI ROAD, KARWAR, REPTD.,
BY ITS DIVISIONAL MANAGER.
                                                ...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)

AND:

1.   ISUF S.HONNIKAR,
     S/O. SULEMAN HONNIKAR,
     AGED ABOUT 29 YEARS,
     OCC: FISHERMAN,
     R/O: VANNALLI, KUMTA,
     PRESENTLY R/AT KASARKOD,
     TQ: HONNAVAR,
     DIST: UTTAR KANNADA.

2.   THE PRESIDENT,
     ROTARY CLUB, ANKOLA,
     TQ: ANKOLA, DIST: UTTARA KANNADA.
     (R.C. OWNER OF TELCO AMBULANCE
     BEARING NO.KA-22/A-8468)
                                             ...RESPONDENTS

(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE FOR R2;
    R1 SERVED)

     THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:18-04-2012 PASSED
IN MVC NO.183/2010 ON THE FILE OF MEMBER, ADDL. M.A.C.T,
HONAVAR, AWARDING THE COMPENSTION OF RS.11,215/- WITH
                              -9-
                                    NC: 2024:KHC-D:4282
                                     MFA No. 23827 of 2012
                 C/W MFA No. 21188 of 2013, MFA No. 23828
                   of 2012, MFA No. 23826 of 2012, MFA No.
                 23829 of 2012, MFA No. 23830 of 2012, MFA
                  No. 23831 of 2012, MFA No. 23832 of 2012,
                   MFA No. 23833 of 2012, MFA No. 25578 of
                       2012 AND MFA. CROB No. 793 of 2013


INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION
TILL REALISATION.

IN MISCELLANEOUS FIRST APPEAL NO.23833 OF 2012
BETWEEN:

UNITED INDIA INSURANCE CO., LTD.,
THE DIVISIONAL OFFICE,
KAIKINI ROAD, KARWAR, REPTD.,
BY ITS DIVISIONAL MANAGER.

                                                ...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)

AND:

1.   AMRIN RAFIQ SHAH,
     AGED ABOUT 22 YEARS,
     OCC: TEMPORARY SERVICE,
     R/O: NEAR FISH MARKET, HALDIPUR,
     TQ: HONNAVAR,
     DIST: UTTAR KANNADA.

2.   THE PRESIDENT,
     ROTARY CLUB, ANKOLA,
     TQ: ANKOLA, DIST: UTTARA KANNADA.
     (R.C. OWNER OF TELCO AMBULANCE
     BEARING NO.KA-22/A-8468)

                                             ...RESPONDENTS

(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE FOR R2;
    R1 SERVED)

      THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:18-04-2012 PASSED
IN MVC NO.49/2011 ON THE FILE OF MEMBER, ADDL. M.A.C.T,
HONAVAR, AWARDING THE COMPENSTION OF RS.78,200/- WITH
INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION
TILL REALISATION.
                             - 10 -
                                     NC: 2024:KHC-D:4282
                                     MFA No. 23827 of 2012
                 C/W MFA No. 21188 of 2013, MFA No. 23828
                   of 2012, MFA No. 23826 of 2012, MFA No.
                 23829 of 2012, MFA No. 23830 of 2012, MFA
                  No. 23831 of 2012, MFA No. 23832 of 2012,
                   MFA No. 23833 of 2012, MFA No. 25578 of
                       2012 AND MFA. CROB No. 793 of 2013




IN MISCELLANEOUS FIRST APPEAL NO.25578 OF 2012
BETWEEN:

SMT. AMRIN RAFIQ SHAH,
AGE: 23 YEARS, OCC: TEMPORARY SERVICE,
R/O: NEAR FISH MARKET, HALDIPUR,
TQ: HONNAVAR, DIST: UTTAR KANNADA.
KARWAR.
                                                ...APPELLANT
(BY SRI. T.M. NADAF, ADVOCATE)

AND:

1.   THE PRESIDENT,
     ROTARY CLUB, ANKOLA,
     OWNER OF AMBULANCE NO.KA-30/A-8468.

2.   SRI. RAGHAVENDRA NAIK,
     S/O. NAGESH NAIK,
     AGED: MAJOR,
     R/O: HEGDE, KUMTA TALUK,
     KARWAR DISTRICT.
     RC OWNER OF MAXICAB NO.KA-20/4597

3.   THE DIVISIONAL MANAGER,
     UNITED INDIA INSURANCE CO. LTD.,
     DIVITIONAL OFFICE, KAIKINI ROAD,
     KARWAR.
                                             ...RESPONDENTS

(BY SMT. PREETI SHASHANK, ADVOCATE FOR R3;
    R1-R2 SERVED)

     THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:18-04-2012 PASSED
IN MVC NO.49/2011 ON THE FILE OF MEMBER, ADDL. M.A.C.T,
HONAVAR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSAION.
                              - 11 -
                                      NC: 2024:KHC-D:4282
                                     MFA No. 23827 of 2012
                 C/W MFA No. 21188 of 2013, MFA No. 23828
                   of 2012, MFA No. 23826 of 2012, MFA No.
                 23829 of 2012, MFA No. 23830 of 2012, MFA
                  No. 23831 of 2012, MFA No. 23832 of 2012,
                   MFA No. 23833 of 2012, MFA No. 25578 of
                       2012 AND MFA. CROB No. 793 of 2013




IN MFA. CROB NO.793 OF 2013
BETWEEN:

SRI. ABUBAKAR S/O. KASIMBABLU,
AGE: 32 YEARS, OCC: FISHERMAN,
R/O: VANNALLI, KUMTA,
PRESENTLY R/O. KASARKOD HONNAVAR,
DIST: UTTAR KANNADA.
                                            ...CROSS OBJECTOR
(BY SRI. S.L. MATTI, ADVOCATE)

AND:

1.   THE PRESIDENT,
     ROTARY CLUB, ANKOLA,
     (R.C. OWNER OF AMBULANCE BEARING
     NO.KA-30/A-8468)

2.   SRI. RAGHAVENDRA NAIK,
     S/O. NAGESH NAIK,
     R/O: HEGDE, KUMTA TALUK,
     (RC OWNER OF MAHINDRA MAXICAB
     BEARING NO.KA-20/4597)

3.   THE DIVISIONAL MANAGER,
     UNITED INDIA INSURANCE COMPANY LTD.,
     DIVITIONAL OFFICE, KAIKINI ROAD,
     KARWAR.
                                              ...RESPONDENTS

(BY SMT. PREETI SHASHANK, ADVOCATE)

     THIS MFA CROB IN MFA No.23831/2012 IS FILED UNDER
ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD
DATED 18.04.2012 PASSED IN MVC No.184/2010 ON THE FILE OF
THE MEMBER ADDL. MACT, HONNAVAR, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
                              - 12 -
                                       NC: 2024:KHC-D:4282
                                   MFA No. 23827 of 2012
               C/W MFA No. 21188 of 2013, MFA No. 23828
                 of 2012, MFA No. 23826 of 2012, MFA No.
               23829 of 2012, MFA No. 23830 of 2012, MFA
                No. 23831 of 2012, MFA No. 23832 of 2012,
                 MFA No. 23833 of 2012, MFA No. 25578 of
                     2012 AND MFA. CROB No. 793 of 2013


     THESE MISCELLANEOUS FIRST APPEALS AND MFA. CROB,
COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED
THE FOLLOWING:


                      JUDGMENT

These appeals are directed against the judgment and

award passed in MVC Nos.157/2010, 195/2010, 182/2010,

185/2010, 39/2011, 184/2010, 183/2010 and 49/2011

dated 18.04.2011 on the file of Additional Motor Accident

Claims Tribunal, Honnavar.

2. The following appeals are filed by the Insurance

Company of the Ambulance bearing registration No.KA-

30/6176 challenging the liability of 50% saddled on the

Insurance Company of the Ambulance.

3. Appellant-Insurance Company has also insured

Mahindra Maxicab bearing registration No.KA-20/4597.

4. Appeal numbers in MFA Nos.21188/2013,

25578/2012 and MFA Crob No.793/2013 are by the

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NC: 2024:KHC-D:4282

C/W MFA No. 21188 of 2013, MFA No. 23828 of 2012, MFA No. 23826 of 2012, MFA No. 23829 of 2012, MFA No. 23830 of 2012, MFA No. 23831 of 2012, MFA No. 23832 of 2012, MFA No. 23833 of 2012, MFA No. 25578 of 2012 AND MFA. CROB No. 793 of 2013

claimants who are injured in the said accident seeking for

enhancement of the compensation.

5. Facts of the case in brief for disposal of these

appeals are as under:

5.1. In a road traffic accident occurred on

29.05.2010 involving Mahindra Maxicab bearing

registration No.KA-20/4597 and Ambulance bearing

registration No.KA-30/6176 on NH-7 near Jogimatti, some

persons were injured. The injured persons have laid the

claim in the aforesaid MVC cases.

6. Claim petitions were contested by filing detail

written statements including the non holding effective

driving license on the part of the driver of the Ambulance.

7. The Tribunal, on contest, allowed the claim

petitions in part as under:

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NC: 2024:KHC-D:4282

C/W MFA No. 21188 of 2013, MFA No. 23828 of 2012, MFA No. 23826 of 2012, MFA No. 23829 of 2012, MFA No. 23830 of 2012, MFA No. 23831 of 2012, MFA No. 23832 of 2012, MFA No. 23833 of 2012, MFA No. 25578 of 2012 AND MFA. CROB No. 793 of 2013

Amount awarded by Sl.

MVC No. Name of Claimant Tribunal (in Rs.) No. 1 157/2010 Tulasi Gouda 2,77,000/- 2 195/2010 Kumari Suprita Achari 68,250/- 3 182/2010 Uday Naik and another 3,90,000/- 4 185/2010 Laxmi Padti 63,700/- 5 39/2011 Ganapu Gouda 49,500/- 6 184/2010 Abubakar Bablu 1,06,000/- 7 183/2010 Isuf Honnikar 11,215/- 8 49/2011 Amrin Shah 78,200/-

8. The compensation amount was directed to be

shared the Insurance Company of the Ambulance as well

as the Insurance Company of the Mahindra Maxicab which

is none other than United India Insurance Company

Limited in the ratio of 50:50, though the charge sheet

came to be filed against the driver of the Ambulance.

9. The Tribunal assigned proper reasons that

though the charge sheet is filed against the driver of the

Ambulance, some amount of contributory negligence is

also on the part of driver of the Maxicab as a Ambulance is

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required to move swiftly on the road to save a life and

driver of Maxicab should have paved the way for the easy

movement of the Ambulance.

10. Smt. Preeti Shashank, learned counsel

appearing for Insurance Company of the ambulance

however, contended that the driver of the Maxicab did not

possess the valid driving license as it got expired on

24.04.2010 and the renewal of the driving licence was

taken place on 31.05.2010 and the accident has occurred

on 29.05.2010.

11. Therefore, 50% of the liability fastened on to

the Insurance Company of the ambulance is to be shifted

on the owner of the ambulance bearing No.KA-30/6176 and

sought for allowing the appeal.

12. Sri. Laxmesh P. Mataguppi, learned counsel and

Sri.T.M.Nadaf and Sri.S.L.Matti, learned counsel in the

respective appeals of the claimants sought for enhanced

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compensation by contending that the quantum of

compensation awarded by the Tribunal having regard to

the injuries sustained by the claimants is on the lower

side.

13. Having heard the parties in detail, this Court

perused the material on record meticulously.

14. On such perusal of the material on record, the

accidental injuries sustained by the claimants is

established by placing oral and documentary evidence on

record.

15. Tribunal has appreciated the nature of the

injuries and applied the principles of law that governed the

field of awarding suitable and adjudged compensation and

allowed the claim petition as referred to supra.

16. However, the Tribunal has taken into

consideration the oral evidence placed on record by the

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driver of the ambulance and also taking note of the fact

that the Maxicab driver if slowed down for a while, the

accident would not have occurred at all and has attributed

50% of contributory negligence on the driver of the

Maxicab even though the charge sheet came to be filed

against the driver of the ambulance.

17. It is common knowledge that the ambulance is

required to move swiftly on the road in order to save a

life. Therefore, the drivers of the other vehicles on the

road is expected to pave the way for the easy movement

of the ambulances, fire engines or police vehicles as the

case may be; especially when there is a siren switched

on. It is a basic civic sense. If the maxi cab driver had

slowed down for a while paving the way for the

ambulance, accident would not have occurred at all.

18. Be it what it may. Since the accident has

occurred, the police after thorough investigation, charge

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sheeted the driver of the ambulance for having moved on

the wrong side. The driver of ambulance having explained

in his evidence as to why he had to move on the wrong

side of the road, Tribunal was justified in attributing 50%

contributory negligence with the driver of the ambulance

as well as the driver of the Maxicab.

19. What has been ignored by the Tribunal in the

whole process is that as per Ex.R.5, driver of the

ambulance did not have effective driving license as on the

date of accident inasmuch as his licence got expired on

24.04.2010. The same should have been renewed within

a period of 30 days from 24.04.2010. Actual date of

renewal as per the Ex.R.5 is 31.05.2010. Therefore, not

holding the proper driving license exonerates the liability

of the Insurance Company as it is a fundamental breach.

20. At this juncture, learned Advocates for

claimants as well as learned counsel for the owner of the

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ambulance vehemently contended that the statute allows

30 days time to renew the driving license and if an

application has been made within 30 days on account of

the procedural delay, the driving license can be extended

beyond 30 days which would enure to the benefit of the

holder of the license as if it has been renewed soon after

the expiry.

21. Such an argument is no doubt an acceptable

argument. But in the case on hand, the owner or the

driver of the ambulance did not place any evidence on

record that soon after the expiry of the driving license

there was an application filed before the RTO within 30

days and the accident has occurred when the said

application was pending for processing at the hands of the

RTO.

22. In the absence of such evidence placed on

record, there is no other alternative for this Court except

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to accept the argument put forth on behalf of the

Insurance Company of the ambulance that the driver did

not possess the effective driving license.

23. Accordingly, the saddling of 50% liability on the

Insurance Company of the ambulance needs to be set

aside and said liability needs to be transferred to the

owner of the ambulance.

24. Having said thus, claimants in MFA

No.21188/2013, MFA No.25578/2013 and MFA Crob

No.793/2013 have made out a case for enhanced

compensation having regard to the injuries sustained by

them.

25. Taking note of the fact that the accident is of

the year 2010, reassessing the quantum of compensation

at this distance of time on each and every head would

result in futile exercise. Moreover, the Tribunal has

granted sufficient compensation based on the principles of

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law that governed the field of awarding the suitable

compensation.

26. Therefore, in the considered opinion of this

Court, claimant in MFA No.21188/2013, claimant in MFA

No.25578/2013 and MFA Crob No.793/2013 are awarded a

sum of Rs.30,000/- 75,000/- 50,000/- respectively, over

and above the compensation amount already awarded by

the Tribunal globally, would meet the ends of justice.

27. Accordingly, following:

ORDER

i. Appeals filed by the Insurance Company of the

Ambulance in MFA No.23827/2012, MFA

No.23828/2012, MFA No.23826/2012, MFA

No.23829/2012, MFA No.23830/2012, MFA

No.23831/2012, MFA No.23832/2012, MFA

No.23833/2012, are allowed.

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C/W MFA No. 21188 of 2013, MFA No. 23828 of 2012, MFA No. 23826 of 2012, MFA No. 23829 of 2012, MFA No. 23830 of 2012, MFA No. 23831 of 2012, MFA No. 23832 of 2012, MFA No. 23833 of 2012, MFA No. 25578 of 2012 AND MFA. CROB No. 793 of 2013

ii. 50% of the liability saddled on the Insurance

Company of the ambulance is hereby set aside.

iii. The claimants are entitled to receive the same

from the owner of the ambulance bearing No.KA-

20/4597.

iv. MFA No.21188/2013, MFA No.25578/2012 and

MFA Crob. No.793/2013 are allowed in part and

they are entitled to a sum of Rs.30,000/-

Rs.75,000/- and 50,000/- over and above the

compensation in a sum of Rs.63,700/-,

Rs.78,200/-, Rs.1,06,000/- awarded by the

Tribunal with interest at 6% p.a. from the date of

petition till realisation.

v. It is made clear that even in the enhanced

compensation, the Insurance Company of the

ambulance is not liable to pay 50% of the

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C/W MFA No. 21188 of 2013, MFA No. 23828 of 2012, MFA No. 23826 of 2012, MFA No. 23829 of 2012, MFA No. 23830 of 2012, MFA No. 23831 of 2012, MFA No. 23832 of 2012, MFA No. 23833 of 2012, MFA No. 25578 of 2012 AND MFA. CROB No. 793 of 2013

enhanced compensation and it is recoverable from

the owner of the ambulance.