Karnataka High Court
The Royal Sundaram Alliance vs Asharani D/O Shivanand Didagur on 21 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:4302
MFA No. 24573 of 2013
C/W MFA No. 24572 of 2013, MFA No. 24574
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
MISCELLANEOUS FIRST APPEAL NO. 24573 OF 2013 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 24572 OF 2013
MISCELLANEOUS FIRST APPEAL NO. 24574 OF 2013
IN MFA NO. 24573/2013
BETWEEN:
THE ROYAL SUNDARAM ALLIANCE
INSURANCE COMPANY LIMITED,
MANGALYA PUNARBHAVAN NO.182,
BRIGADE ROAD, BANGALORE
R/BY ITS AUTHORIZED SINGNATORY
ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD.
SUBRAMANIAM BUILDING CLUB HOUSE ROAD,
ANMNASALAI, CHENNAI
...APPELLANT
Digitally (BY SRI. G.N. RAICHUR, ADVOCATE)
signed by
SAMREEN
SAMREEN AYUB
AYUB DESHNUR AND:
DESHNUR Date:
2024.02.23
16:28:57
+0530 1. ASHARANI D/O. SHIVANAND DIDAGUR
AGE: 21 YEARS, OCC: DTDC WORK,
R/O: TQ: RANEBENNUR
2. GANGADHARWAPPA S/O. BASAVANNEPPA SAVANUR
AGE: MAJOR, OCC: AGRICULTURIST
R/O: GUDDADA ANVERI VILLAGE,
TQ: RANNEBENNUR,
(OWNER OF TRACTOR NO.KA27/TA-3451)
3. SANNAPPA RAMAPPA KADARAMANDALAGI
AGE: MAJOR, OCC: AGRICULTURIST
R/O: GUDDADA ANVERI VILLAGE,
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MFA No. 24573 of 2013
C/W MFA No. 24572 of 2013, MFA No. 24574
of 2013
TQ: RANNEBENNUR,
(OWNER OF TRAILER NO.KA.27/7979)
DECEASED BY HIS LRS.
3.A) RENUKAMMA W/O. SANAPPA KADARAMANDALGI
3.B) RAMESH S/O. SANAPPA KADARMANDALGI
3.C) MALTESH SANAPPA KADARAMANDALGI
RESPONDENTS NO.3A TO 3C ARE MAJORS,
3.D) DEVARAJA SANNAPPA KADARAMANDALAGI
MINOR REPRESENTED BY HIS
MINOR GUARDIAN RESPONDENT NO. 3.(A)
4. THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE COMPANY
LIMITED, A,M ARADA, NEAR VIDYARTHI BHAVAN,
C.G.HOSPITAL ROAD, DAVANGERE,
R/BY ITS BRANCH MANAGER, RANEBENNUR
...RESPONDENTS
(BY SRI. G.S. HULMANI, ADVOCATE FOR R1;
SRI. G.N. NARASAMMANAVAR, ADVOCATE FOR R2, R3(A-C);
R3D IS MINOR REPRESENTED BY R3.A;
SRI. S.V. YAJI ADVOCATE FOR R4)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO CALL
FOR THE RECORDS HEAR THE PARTIES AND SET ASIDE THE
JUDGMENT AND AWARD DATED 17-09-2013 PASSED BY IN THE
COURT OF PRL. SENIOR CIVIL JUDGE AND MACT RANEBENNUR, IN
MVC NO. 488/2010 BY ALLOWING THIS APPEAL WITH COST IN THE
ENDS OF JUSTICE AND EQUITY.
IN MFA NO. 24572/2013
BETWEEN:
THE ROYAL SUNDARAM ALLIANCE
INSURANCE COMPANY LIMITED,
MANGALYA PUNARBHAVAN NO.182,
BRIGADE ROAD, BANGALORE
R/BY ITS AUTHORIZED SINGNATORY
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MFA No. 24573 of 2013
C/W MFA No. 24572 of 2013, MFA No. 24574
of 2013
ROYAL SUNDARAM ALLIANCE, INSURANCE CO.LTD.
SUBRAMANIAM BUILDING CLUB HOUSE ROAD,
ANMNASALAI, CHENNAI.
...APPELLANT
(BY SRI. G.N. RAICHUR, ADVOCATE)
AND:
1. SHIVANAND @ SHIVARAJ S/O. BHIMAPPA DIDAGUR
AGE: 43 YEARS, OCC: BUSINESS,
R/O: TQ: RANEBENNUR.
2. GANGADHARWAPPA S/O. BASAVANNEPPA SAVANUR
AGE: MAJOR, OCC: AGRICULTURIST
R/O: GUDDADA ANVERI VILLAGE,
TQ: RANNEBENNUR,
(OWNER OF TRACTOR NO.KA27/TA-3451)
3. SANNAPPA RAMAPPA KADARAMANDALAGI
AGE: MAJOR, OCC: AGRICULTURIST
R/O: GUDDADA ANVERI VILLAGE,
TQ: RANNEBENNUR,
(OWNER OF TRAILER NO.KA.27/7979)
DECEASED BY HIS LRS.
3.A) RENUKAMMA W/O. SANAPPA KADARAMANDALGI
3.B) RAMESH S/O. SANAPPA KADARAMANDALGI
3.C) MALTESH SANAPPA KADARMANDALGI
RESPONDENT NO.3A TO 3C ARE MAJORS,
3.D) DEVARAJA SANNAPPA KADARAMANDALAGI
MINOR R/BY HIS MINOR GUARDIAN RESPONDENT NO.3A
4. THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE COMPANY
LIMITED, A,M ARADA, NEAR VIDYARTHI BHAVAN,
C.G.HOSPITAL, ROAD, DAVANGERE,
R/BY ITS BRANCH MANAGER, RANEBENNUR.
...RESPONDENTS
(BY SRI. G.S. HULAMANI, ADVOCATE FOR R1;
SRI. G.N. NARASAMMANAVAR, ADVOCATE FOR R2, R3(A-C);
R3D IS MINOR REPRESENTED BY R3A;
SRI. S.V. YAJI, ADVOCATE FOR R4)
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NC: 2024:KHC-D:4302
MFA No. 24573 of 2013
C/W MFA No. 24572 of 2013, MFA No. 24574
of 2013
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO CALL
FOR THE RECORDS HEAR THE PARTIES AND SET ASIDE THE
JUDGMENT AND AWARD DATED 17-09-2013 PASSED BY IN THE
COURT OF PRL. SENIOR CIVIL JUDGE AND MACT RANEBENNUR, IN
MVC NO. 486/2010 BY ALLOWING THIS APPEAL WITH COST IN THE
ENDS OF JUSTICE AND EQUITY.
IN MFA NO. 24574/2013
BETWEEN:
1. THE ROYAL SUNDARAM ALLIANCE
INSURANCE COMPANY LIMITED,
MANGALYA PUNARBHAVAN NO.182,
BRIGADE ROAD, BANGALORE
R/BY ITS AUTHORIZED SINGNATORY
ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD.
SUBRAMANIAM BUILDING CLUB HOUSE ROAD,
ANMNASALAI, CHENNAI
...APPELLANT
(BY SRI. G.N. RAICHUR, ADVOCATE)
AND:
1. AKKAMMA @ RATNA W/O. MANJAPPA NEKAR
AGE: 33 YEARS,
OCC: WEAVING AGRICULTURIST, MILK VENDING,
R/O: SHIDDESHWAR, TQ: RANEBENNUR.
2. GANGADHARWAPPA S/O. BASAVANNEPPA SAVANUR
AGE: MAJOR, OCC: AGRICULTURIST
R/O: GUDDADA ANVERI VILLAGE,
TQ: RANNEBENNUR,
(OWNER OF TRACTOR NO.KA27/TA-3451)
3. SANNAPPA RAMAPPA KADARAMANDALAGI
AGE: MAJOR, OCC: AGRICULTURIST
R/O: GUDDADA ANVERI VILLAGE,
TQ: RANNEBENNUR,
(OWNER OF TRAILER NO.KA.27/7979)
DECEASED BY HIS LRS.
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NC: 2024:KHC-D:4302
MFA No. 24573 of 2013
C/W MFA No. 24572 of 2013, MFA No. 24574
of 2013
3.A) RENUKAMMA W/O. SANAPPA KADARAMANDALGI
3.B) RAMESH S/O. SANAPPA KADARAMANDALGI
3.C) MALTESH SANAPPA KADARAMANDALGI
RESPONDENT NO.3A TO 3C ARE MAJORS,
3.D) DEVARAJA SANNAPPA KADARAMANDALAGI
MINOR R/BY HIS MINOR
GUARDIAN RESPONDENT NO. 3A.
4. THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE COMPANY
LIMITED, A,M ARADA, NEAR VIDYARTHI BHAVAN,
C.G.HOSPITAL, ROAD, DAVANGERE,
R/BY ITS BRANCH MANAGER, RANEBENNUR.
...RESPONDENTS
(BY SRI. G.S. HULAMANI, ADVOCATE FOR R1;
SRI. G.N. NARASAMMANAVAR, ADVOCATE FOR R2, R3(A-C);
R3D IS MINOR REPRESENTED BY R3A;
SRI. S.V. YAJI, ADVOCATE FOR R4)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO CALL
FOR THE RECORDS HEAR THE PARTIES AND SET ASIDE THE
JUDGMENT AND AWARD DATED 17-09-2013 PASSED BY IN THE
COURT OF PRL. SENIOR CIVIL JUDGE AND MACT RANEBENNUR, IN
MVC NO. 487/2010 BY ALLOWING THIS APPEAL WITH COST IN THE
ENDS OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 24573 of 2013
C/W MFA No. 24572 of 2013, MFA No. 24574
of 2013
JUDGMENT
Heard Sri.G.N.Raichur, learned counsel for the
appellant and Sri.Girish S Hulamani,
Sri.G.N.Narasammanavar and Sri.S.V.Yaji, learned
counsels for respondents.
2. These three appears are filed by the insurer of
tractor bearing No.KA-27/TA-3454 challenging entire
liability fastened on to the driver of tractor in MVC
Nos.486/2010, 487/2010 and 488/2010 dated 17.09.2013
on the file of Principal Senior Civil Judge and Additional
Motor Accident Claims Tribunal, Ranebennur.
3. Facts in brief which are utmost necessary for
disposal of these cases are as under:
Claimants, namely, Shivanand, Akkamma and
Asharani being the inmates of auto rickshaw bearing
No.KA-27/7359 laid a claim for the accidental injuries
sustained by them on 27.01.2010 contending that while
they were returning from Guddada Anveri village at about
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of 2013
10.30 p.m., a tractor and trailer unit dashed against the
said auto rickshaw on account of rash and negligent
driving of driver of tractor and as a result they sustained
injuries.
4. Claim petitions were resisted by filing detailed
written statements.
5. Tribunal, on contest, allowed the claim petitions
in a sum of Rs.2,16,200/-, Rs.1,12,940/- and
Rs.1,41,260/- with interest at 6% per annum from the
date of petition till realisation and fastened liability on the
insurer of tractor who is appellant in these appeals.
6. Being aggrieved by the said judgment, insurer
of the tractor namely Royal Sundaram Alliance Insurance
Company preferred the present appeal.
7. Sri.G.N.Raichur reiterating the grounds urged in
the appeal memorandum, vehemently contended that the
approach of the Tribunal in fastening entire liability on the
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of 2013
insurer of tractor is incorrect and sought for allowing the
appeals.
8. He further pointed out that the trailer is
separately registered and it did not have any insurance
and therefore, owner of trailer must be held liable at least
to the extent of 50%.
9. He also pointed out that the driver of tractor did
not possess valid driving licence and appellant has issued
noticed to the owner of tractor but the owner failed to
produce driving licence and therefore, it should be
presumed that the driver of tractor did not have valid
driving licence and sought for allowing the appeal in toto.
10. Per contra, learned counsel for the claimants,
Sri.G.S.Hulamani supported the impugned judgment. So
also Sri.S.V.Yaji representing the Insurance Company of
trailer.
11. Sri.S.V.Yaji further pointed out that as on the
date of accident there was no insurance of trailer and the
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of 2013
same has been clearly spelt out in the written statement
and therefore, sought for dismissal of the appeal.
12. Sri.G.N.Narasammanavar representing the
owner of trailer also supports the impugned judgment.
13. In view of the rival contentions of the parties,
this Court perused the material on record meticulously.
14. On such perusal of material on record,
admittedly in these matters claimants have not preferred
any appeal. They have established the accidental injuries
sustained by them being the inmates of auto rickshaw.
15. Tractor and trailer were separately registered
and having separate register numbers. Therefore,
attributing entire liability on the Insurance Company of
tractor is incorrect.
16. Trailer unit, as on the date of accident was not
duly insured. Therefore, compensation amount is to be
paid by the Insurance Company of the tractor and owner
of trailer in the ratio of 50:50.
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17. Tractor and trailer unit is always having a joint
liability when it meets with an accident. No trailer without
insurance can be brought on road. Therefore, to that
extent owner of trailer is negligent in allowing the trailer to
be attached to the tractor without insurance.
18. Further, the argument put forth on behalf of
appellant that the tractor driver did not possess valid
driving licence cannot be countenanced in law as there is
no positive evidence placed on record. Further, driver is
not charge sheeted for under Section 3 of Motor Vehicles
Act.
19. In view of the foregoing discussion, following
order is passed:
ORDER
(i) Appeals are allowed in part.
(ii) Adjudged compensation is to be paid in the
ratio of 50:50 each by the Insurance Company
of tractor (appellant) and owner of trailer who
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are legal representatives of Sri.Sannappa
Ramappa Kadaramandalagi who was
respondent No.3 in claim petitions.
(iii) 50% of the amount in deposit is ordered to be
transmitted to the concerned Tribunal in
accordance with law for disbursement.
(iv) Remaining 50% is to be withdrawn by the
appellant under due identification.
(v) Legal representatives of owner of trailer
Sri.Sannappa Ramappa Kadaramandalagi are
directed to deposit balance 50% of
compensation amount within four weeks from
today.
Sd/-
JUDGE
SH
