Karnataka High Court
The United India Insurance Company Ltd vs Prakash S/O Drama @ Dharnasinga Rathod ... on 5 January, 2024
-1-
NC: 2024:KHC-K:228
MFA No. 201220 of 2016
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCL. FIRST APPEAL NO.201220/2016 (MV-I)
BETWEEN:
THE UNITED INDIA INSURANCE COMPANY LTD.,
S.S.FRONT ROAD,
BIJAPUR,
REPRESENTED BY ITS DIVISIONAL MANAGER.
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
AND:
Digitally signed
by
KHAJAAMEEN
L MALAGHAN
1. PRAKASH S/O DRAMA @
Location: High
Court of DHARMASINGA RATHOD
Karnataka AGE: 28 YEARS, OCC: JCB DRIVER,
R/O: INGANAL,
TQ:VIJAYPUR-586101.
2. BIRAPPA S/O CHANDRASHEKHAR BIRADAR
AGE:40 YEARS, OCC: BUSINESS,
R/O: GUGADADDI,
TQ. & DIST: VIJAYAPUR-586101,
OWNER OF CRUISER JEEP
NO.KA-20/A-7680.
-2-
NC: 2024:KHC-K:228
MFA No. 201220 of 2016
3. THE MANAGER LEGAL,
SHRIRAM GENERAL INSURANCE CO., LTD.,
E-I, RIICO INDUSTRIAL AREA,
SITAPURA, JAIPUR,
RAJASTHAN-302022.
POLICY NO. 1003/31/13/254165
4. SHHARISH ARORA
C/O: GOODWILL MOTOR TRANSPORT SERVICE,
JHALWAR
RAJASTHAN-324007,
(OWNER OF CRUISER JEEP NO.KA-20/A-7680)
...RESPONDENTS
(BY SRI SANGANABASAVA B. PATIL, ADV., FOR R1;
SRI KOUJALAGI C.L., ADV., FOR R2;
SRI SUBHASH MALLAPUR, ADV., FOR R3;
R4-V/O DATED 24.11.2022 NOTICE HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT, PRAYING TO CALL FOR THE RECORDS AND SET
ASIDE THE JUDGMENT AND AWARD DATED 29.06.2016
PASSED BY THE IV ADDL. DISTRICT AND SESSIONS
JUDGE AND MACT NO.XIII, VIJAYAPUR, IN MVC
NO.172/2013, BY ALLOWING THE APPEAL AS PRAYED FOR
IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award passed in MVC
No.172/2013 dated 29.06.2016 by IV Additional District
NC: 2024:KHC-K:228
and Sessions Judge and Member, M.A.C.T.-XIII,
Vijayapura, respondent No.4 - United India Insurance
Company Limited is before this Court.
2. The claim petition was filed seeking
compensation of an amount of Rs.25,00,000/- for the
injuries sustained by the claimant - respondent No.1
herein, in the road traffic accident. According to the
claimant, on 13.09.2012 at about 8:30 a.m., when he and
others were traveling in a Cruiser Jeep bearing registration
No.KA-20/A-7680, the driver of lorry bearing registration
No. RJ-20/GA-2145 drove the lorry in a rash and negligent
manner and dashed against the said Cruiser Jeep and in
the said accident claimant had sustained injuries as shown
in the Wound Certificate. Immediately he was shifted to
the Hospital and spent huge amount for the treatment.
The Tribunal on the aspect of negligence has observed
that the oral evidence of PW1 coupled with the contents of
Ex.P1 shows that it is due to the rash and negligent
driving of both the drivers of Cruiser Jeep and the Lorry
NC: 2024:KHC-K:228
the claimant had sustained injuries. When it comes to the
liability, the Tribunal observed that it is a case of
composite negligence and held that respondent Nos.1, 2
and 3 are jointly and severally liable to pay the
compensation to the claimant and it is open to the
claimant to enforce award against all or any one of them.
3. Learned counsel for the appellant submits that
when a similar matter had come up before the learned
Single Judge, learned Single Judge had fixed the liability at
50% each on both the vehicles, hence, he submits as this
appeal is also arising out of the same accident, same order
can be passed.
4. Accordingly, the Appeal filed by the Insurance
Company is allowed-in-part, by apportioning the
negligence at 50% each on both the vehicles, the Cruiser
Jeep and the Lorry.
NC: 2024:KHC-K:228
i) Both the Insurance Companies shall deposit the
amount in the apportionment of 50:50 within a
period of eight weeks from the date of receipt
of copy of the judgment.
ii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
iii) No costs.
Pending I.As., if any, shall stand closed.
Sd/-
Judge
SBS
