Karnataka High Court
Suresh Yelago Tarale vs Laxman Yallappa Patil on 11 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:849
MFA No. 100676 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.100676 OF 2015 (MV-I)
BETWEEN:
SURESH YELAGO TARALE
AGED ABOUT 57 YEARS, OCC: ADVOCATE,
R/O: TANAJI GALLI, BELAGAVI.
...APPELLANT
(BY SRI. YASH NADAKARNI, ADVOCATE FOR
SRI. VITTHAL S.TELI, ADVOCATE)
AND:
1. SHRI. LAXMAN YALLAPPA PATIL,
AGE: 33 YEARS, OCC: CONSTABLE,
R/O: NILAJI, TQ AND DIST: BELAGAVI.
2. JAGADISH MANJUNATH VERNEKAR,
AGE: 46 YEARS, OCC: SERVICE,
R/O: KAKODA, DIST: CAPEM,
GOA STATE.
Digitally
signed by
BHARATHI
BHARATHI H M
3. DIVISIONAL MANAGER,
HM Date:
2024.01.23 NEW INDIA ASSURANCE COMPANY LIMITED
16:35:38
+0530 JANAKI PLAZA, 1ST FLOOR,
PIKLE ROAD, KARWAR - 581031
...RESPONDENTS
(BY SRI. R.R. MANE, ADVOCATE FOR R3;
NOTICE TO R1 SERVED;
NOTICE TO R2 HELD SUFFICIENT)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DATED: 22.01.2009, PASSED IN MVC NO.93/2003, ON THE
FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-II AND
MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
BELAGAVI, ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:849
MFA No. 100676 of 2015
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Heard Sri.Yash Nadakarni, learned counsel for the
appellant and Sri.R.R.Mane, learned counsel for the
respondent - Insurance Company.
2. There is a delay of 2137 days in filing this
appeal. The reasons assigned in the affidavit though not
satisfactory, taking note of the fact that the Insurance
Company is now impleaded as a party respondent in the
present case, the matter requires reconsideration at the
hands of the Tribunal. Therefore, the delay of 2137 days in
filing this appeal is condoned.
3. The owner of the vehicle has been fastened
with the liability. Later on, the owner has stated that the
vehicle was dully insured at the time of accident.
Therefore, the Insurance Company is now impleaded as a
party-respondent No.3 in the present appeal.
NC: 2024:KHC-D:849
4. Since the Insurance Company is now impleaded
as a party-respondent in this appeal for first time,
sufficient opportunity needs to be given for the Insurance
Company to file written statement and contest the matter
on merits.
5. Accordingly, the appeal needs to be allowed and
the matter needs to be remitted to the Tribunal for fresh
disposal in accordance with law.
6. Taking note of the fact that the Insurance
Company is impleaded before this Court for the first time,
the claimant if succeeds in the claim petition, is entitled to
claim interest from the date of remand i.e. from
11.01.2024 till realisation.
7. With these observations, following order is
passed:
ORDER
(i) Appeal is allowed.
NC: 2024:KHC-D:849
(ii) Impugned judgment and award passed by the
Tribunal is set aside.
(iii) The matter is remitted to the Tribunal for fresh
disposal in accordance with law.
(iv) The claimant and Insurance Company are
directed to appear before the Tribunal without
further notice on 31.01.2024.
(v) The Tribunal shall thereafter take steps to
secure the presence of remaining parties and
then proceed with the case in accordance with
law.
(vi) Office is directed to return the trial Court
records with a copy of this order forthwith.
Sd/-
JUDGE
SH
