Karnataka High Court
Vrl Logistics Limited vs M/S Ve Commercial Vehicles Limited on 9 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:473
MFA No. 22745 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.22745 OF 2011 (MV-I)
BETWEEN:
VRL LOGISTICS LIMITED,
(FORMERLY KNOWN AS VIJAYANAND ROADLINES LTD)
BEING REGISTERED UNDER INDIAN COMPANIES ACT
1956, DEALING IN TRANSPORT BUSINESS,
HAVING ITS REGISTERED OFFICE AT:
GIRIRAJ ANNEXE, CIRCUIT HOUSE ROAD,
HUBLI, DIST: DHARWAD, KARNATAKA.
...APPELLANT
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
1. M/S. V E COMMERCIAL VEHICLES LIMITED,
22/2, YESHWANT NIWAS ROAD,
INDORE-452003, M.P. STATE.
(OWNER OF THE VEHICLE MKE 8498)
2. THE NEW INDIA ASSURANCE COMPANY LIMITED,
BRANCH OFFICE VIKAS BHAVAN,
HILANK CENTRE 2, BINDAPUR (M.P)
(INSURER OF VEHICLE MKE/G-8498).
Digitally
signed by
3. SRI. RAJASAB S/O. ABDULSAB DODDAMANI,
SAROJA
SAROJA HANGARAKI AGE: MAJOR, OCC: DRIVER-CUM-OWNER,
HANGARAKI Date:
2024.01.25
11:44:12
R/O: BASAPUR, TQ AND DIST: BELAGAVI.
+0530
4. UNITED INDIA INSURANCE CO., LTD.,
BRANCH OFFICE AT GIRISH NIWAS,
IST FLOOR, 1691/A, RAMDEV GALLI,
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. GOPAL B.PATIL, ADVOCATE FOR R1;
SRI. R.R. MANE, ADVOCATE FOR R2;
R3-R4 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATE
31-12-2010 PASSED IN MVC.NO.1658/1991 ON THE FILE OF THE II-
ADDL.SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, BELAGAVI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:473
MFA No. 22745 of 2011
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Heard learned counsel Sri.Hanumanthreddy sahukar,
Sri.Gopal B. Patil and Sri. R.R.Mane.
2. Owner of the vehicle bearing No.CNB-6823 filed a
claim petition in respect of road traffic accident that
occurred on 30.03.1991 seeking appropriate compensation
in respect of damage caused to the vehicle.
3. The claim petition was resisted by the owner of
another vehicle involved in the accident namely vehicle
No. MKE/T-8498 and the insurance company of the vehicle
bearing No.CNB 6823.
4. The tribunal raised necessary issues and after
considering the oral and documentary evidence placed on
record by the parties allowed the claim petition in a sum of
Rs.27,181.79 as under;
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1. Damages = Rs.20,681-79
2. Idle charges = Rs.5,000-00
3. Surveyor's fee = Rs. 500-00
4. Miscellaneous expenses = Rs.1,000-00
Total = Rs.27,181-79
5. Being aggrieved by the same, claimant is in appeal.
6. Sri.Hanumanthreddy Sahukar appearing for the
appellant reiterating the grounds urged in the appeal
sought for enhancement of compensation on the head idle
charges.
7. Whereas, Sri.R.R.Mane and Sri.Gopal B. Patil
supports the impugned judgment.
8. In view of the rival contentions of the parties, this
court perused the material available on record
meticulously.
9. On such perusal of the records, it is established that
there was road traffic accident which occurred on
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30.03.1991 involving truck bearing No.CNB-6823 and mini
truck bearing No.MKE/T-8498.
10. Both the vehicles got damaged and in respect of
damages caused to the truck bearing No.CNB-6823, the
surveyor has been appointed and he has carried out
survey in respect of damages to the vehicle and issued
survey report and the same was repaired in the garage.
Therefore, after survey, the surveyor has assessed the
charges payable to the damages caused to the vehicle in a
sum of Rs.20,681.79.
11. The Tribunal has awarded the said sum on the head
of damages. Towards idle charges, tribunal has awarded
Rs.5,000/-. Taking note of the fact that the truck bearing
No.CNB-6823 was kept in the garage for a period of 1033
days, awarding of compensation in a sum of Rs.5,000/- as
idle charges is on the lower side.
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12. Therefore, claimant has made out a case for
enhancement of compensation of another Rs.10,000/- in
the said head.
13. Therefore, survey fee is assessed at 500/- and
miscellaneous expenses Rs.1,000/- awarded is just and
proper. Thus, claimant is entitled for total compensation of
Rs.37,181.79 as against Rs.27,181.79.
14. Insurance company of the truck bearing No. CNB-
6823 has covered the damages to the accident of
Rs.6,000/- and the same is to be borne by the said
insurance company. Balance amount is to be payable by
the owner of mini truck bearing No.MKE/T-8498.
15. Accordingly, the following :
ORDER
i) Appeal is allowed in part.
ii) As against sum of Rs.27,181-79,
claimant is entitled for sum of Rs.37,181-79 with
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interest at 6% p.a. from the date of petition till
realization.
iii) Since, the liability of insurance company
of truck bearing No.CNB 6823 is assessed at
Rs.6,000/-, the same is payable by the insurance
company and having regard to the policy
conditions and the same is already paid, the
balance sum of compensation is to be paid by
the owner of mini truck bearing No.MKE/T-8498
within a period of four weeks from today.
Sd/-
JUDGE
HMB
