Karnataka High Court
Ramchandra vs Basavanni on 11 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:729
MFA No. 103748 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.103748 OF 2015 (MV-I)
BETWEEN:
1. SHRI. RAMCHANDRA,
S/O. HALAPPA GURAV,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: MUTTYANATTI, POST: KAKATI,
TQ AND DIST: BELAGAVI.
2. SMT. SIDDAVVA
W/O. RAMACHANDRA GURAV,
AGE: 37 YEARS, OCC: HOUSEHOLD WORK,
R/O: MUTTYANATTI, POST: KAKATI,
TQ AND DIST: BELAGAVI.
...APPELLANTS
(BY SRI. B.M. PATIL AND SRI. S.R. KAMATE, ADVOCATES)
Digitally signed
by SAMREEN
AYUB AND:
DESHNUR
Date: 2024.02.01
14:30:38 +0530
1. SHRI. BASAVANNI
S/O. NINGAPA MOOKANAVAR,
AGE: MAJOR, OCC: BUSINESS,
R/O: A/P: GUTAGUDDI, TQ: HUKKERI,
DIST: BELAGAVI.
(OWNER OF TRACTOR BEARING,
NO.KA-35/T-0258 AND TRAILER BEARING
NO.KA-29/T5722)
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MFA No. 103748 of 2015
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
RAMDEV GALLI, BELAGAVI.
(INSURER OF TRACTOR BEARING
NO.KA-35/T-0258)
POLICY NO.160306/31/12/01/00005621)
VALID FROM 11/08/2012 TO 10/08/2013)
3. THE MANAGER LEGAL,
BHARATIXA GENERAL INSURANCE COMPANY,
LIMITED 1ST FLOOR, THE FERNS ICON,
SY. NO.28, NEXT TO AKME BALLET,
DODDANEKUNDI, OFF OUTER RING ROAD,
BENGALURU-560037.
(INSURER OF TRAILER BEARING
NO.KA-49/T5722)
4. SHRI. NINGAPPA D.MOOKANAVAR,
AGE: MAJOR, OCC: BUSINESS,
R/O: A/P: GUTAGUDDI, TQ: HUKKERI,
DIST: BELAGAVI,
(OWNER OF TRAILER BEARING,
NO.KA-49/T-5722)
...RESPONDENTS
(BY SRI. RAVINDRA R.MANE, ADVOCATE FOR R2;
SRI. NAGARAJ C.KOLLOORI, ADVOCATE FOR R3;
R4 SERVED:
R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD
DATED 22.08.2015 PASSED IN MVC NO.1038/2013 ON THE FILE OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 103748 of 2015
JUDGMENT
Claimant is in appeal challenging the validity of the
judgment and award passed in MVC No.1038/2013 dated
22.08.2015.on the file of Addl. MACT, Belagavi.
2. Brief facts which are utmost necessary for disposal of
the appeal are as under:
2.1 In respect of road traffic accident that occurred on
21.09.2012 at about 2.15 pm., minor boy aged 15 years
lost his life involving tractor trailer bearing No.KA-35/T-
0258 and Trailer No.KA-29/T-5722 while loading the
potato in the trailer.
2.2 Claim petition was resisted by filing the necessary
objection.
2.3 Tribunal after raising the issues, allowed the claim
petition in part and granted a sum of Rs.3,95,000-00 with
interest at 6% p.a. fastening the liability on the owner of
the tractor trailer unit.
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3. Being aggrieved by the same, claimant has preferred
this appeal.
4. Learned counsel Sri.S.R.Kamate representing the
claimant reiterating the grounds urged in the appeal
sought for allowing the appeal by placing reliance on the
judgment of Hon'ble Apex Court in the case of
V.Renganathan and another Vs. Branch Manager,
United India Insurance Company Ltd. and another
reported in 2023 ACJ 623 in fastening the liability on the
insurance company and also following the dictum of
Hon'ble Apex Court in the case of Kishan Gopal and
another vs. Lala and others, reported in (2014)1 SCC
244 and sought for enhancement of compensation in a
sum of Rs.5,00,000/-.
5. Learned counsel Sri.Nagaraj C. Kollori, however,
supported the impugned judgment by contending that as
the law existed on the date of passing award, suitable
judgment has been passed and hence sought for dismissal
of the appeal.
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6. In view of the rival contentions of the parties, this
court has perused the material available on record
meticulously.
7. In the case on hand, accidental death of minor boy
aged 15 years is not in dispute. Therefore, the claimants
are praying for awarding compensation in a sum of
Rs.5,00,000/- by following the dictum of Hon'ble Apex
Court in the case of Kishan Gopal and another stated
supra, the claim is justified.
8. The next question that is to be decided in this appeal
is regarding who has to pay the compensation?
9. Tribunal has fastened the liability on the owner of the
tractor trailer unit as the boy was sitting on the mudguard
of tractor trailer unit.
10. Said aspect of the matter has been dealt by the
Hon'ble Apex Court in the case of V.Renganathan and
another stated supra and directed that in such cases, it is
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the insurance company which has to pay the adjudged
compensation at first instance and recover the same from
the owner.
11. Therefore, a case is made out by the claimants to
receive the compensation from the insurance company at
first instance. Hence, the following :
ORDER
i) Appeal is allowed.
ii) As against sum of Rs.3,95,000/-
claimants are entitled for sum of Rs.5,00,000/-
with interest at 6% per annum from the date of
petition till realization.
iii) Insurance companies are directed to
pay the compensation at first instance and
recover the same from the owner of the tractor
trailer unit in the same proceedings.
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iv) Awarded total compensation of
Rs.5,00,000/- is to be payable by both the
insurance companies at the ratio of 50% each.
v) Ordered accordingly.
Sd/-
JUDGE
HMB, CT: UMD
