Karnataka High Court
Smt Hanamavva W/O Vithal Pujeri vs Yallappa S/O Yamanappa Bhovi on 9 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:441
MFA No. 102734 of 2020
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.102734 OF 2020 (MV-D)
BETWEEN:
1. SMT. HANAMAVVA W/O VITHAL PUJERI,
AGE. 34 YEARS, OCC. HOUSE HOLD WORK,
R/O. SALAHALLI, TQ. RAMDURG,
DIST. BELAGAVI.
2. KUMARI LAXMI D/O. VITHAL PUJERI,
AGE. 15 YEARS, OCC. STUDENT,
R/O. SALAHALLI, TQ. RAMDURG,
DIST. BELAGAVI.
3. KUMAR KIRAN D/O. VITHAL PUJERI,
AGE. 11 YEARS, OCC. STUDENT,
R/O. SALAHALLI, TQ. RAMDURG,
DIST. BELAGAVI.
4. KUMAR ARJUN D/O. VITHAL PUJERI,
Digitally AGE. 9 YEARS, OCC. STUDENT,
signed by R/O. SALAHALLI, TQ. RAMDURG,
BHARATHI
BHARATHI H M DIST. BELAGAVI.
HM Date:
2024.01.22
15:15:53
+0530 (SINCE APPELLANTS Nos.2 TO 4 ARE MINORS
R/BY THEIR NATURAL GUARDIAN/MOTHER
APPELLANT NO.1)
...APPELLANTS
(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)
AND:
1. SRI. YALLAPPA S/O. YAMANAPPA BHOVI,
AGE. 38 YEARS, OCC. AGRICULTURE,
R/O. SALAHALLI, TQ. RAMDURG,
DIST. BELAGAVI.
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NC: 2024:KHC-D:441
MFA No. 102734 of 2020
2. ROYAL SUNDARAM ALLIANCE
INSURANCE COMPANY LTD.,
'VISHRANTHI MELARAM TOWERS',
NO. 2/319 RAJIV GANDHI SALAI,
(DMK) KARAPUKKAM, CHENNAI-600097,
REGD. OFFICE AT PATULLOS ROAD,
CHENNAI-600097.
(INSURER OF THE TRACTOR BEARING REG.
NO. AP-27/AD-0497
UNDER POLICY NO. VOCO 175494000102 FOR THE
PERIOD FROM 10-09-2014 TO 09-09-2015 AND TRAILER
NO. KA-24/TA-5537
U/POLICY NO. VOCO 175494102 FOR THE PERIOD FROM
15-12-2014 TO 09-09-2015)
...RESPONDENTS
(BY SRI. G.H. RAICHUR, ADVOCATE FOR R2
SRI. DHARANAGOUDAR I.K., ADVOCATE FOR R1)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DATED 31.10.2018 PASSED IN
MVC NO.814/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
RAMDURG, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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NC: 2024:KHC-D:441
MFA No. 102734 of 2020
JUDGMENT
Though the matter is listed for admission, by consent of
parties, matter is taken up for final disposal.
2. Heard Shri. Chandrashekhar M. Hosamani, learned
counsel for appellants and Shri. G. N. Raichur, learned counsel
for respondent No.2. Shri. Dharanagoudar I.K., learned counsel
for respondent No.1 called out absent.
3. Claimants/appellants have challenged the validity
and judgment and award passed in MVC No.814/2016 on the
file of Senior Civil Judge and AMACT, Ramdurg dated
31.10.2018.
4. In respect of road traffic accident occurred on
11.07.2015 at about 6.30 a.m., the dependants of Vittal S/o.
Rayappa Pujeri, who died in the road traffic accident involving
Tractor bearing registration No.AP-27/AC-0497 and Trailer
bearing registration No.KA-24/TA-5537 filed a claim petition.
Admittedly the driver of the tractor did not possess a valid
driving license though the tractor was insured.
5. The claim petition was resisted by the Insurance
Company by filing necessary written statement.
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6. Learned Trial Judge raised necessary issues and
after considering the oral and documentary evidence on record,
allowed the claim petition by awarding compensation of
Rs.14,24,600/- along with interest at the rate of 9% per
annum and fastened the liability on the owner of the Tractor
and Trailer noticing the fact that the driver of the Tractor and
Trailer did not possess a valid driving license as on the date of
accident and therefore, Insurance Company is absolved from
the liability.
7. Being aggrieved by the same, the claimants are
before this Court seeking enhancement of compensation so also
fastening the liability on the owner and also on the ground that
fastening the liability on the owner is incorrect.
8. Shri. Chandrashekhar M. Hosamani, learned counsel
for appellants reiterating the grounds urged in the appeal
memorandum contended that the Tribunal has not properly
assessed the compensation amount and also fail to fasten the
liability on the Insurance Company and sought for admitting
the appeal and allowing the same on merits.
9. Shri. G. N. Raichur, learned counsel appearing for
the Insurance Company, however supported the impugned
NC: 2024:KHC-D:441
judgment by contending that the driver of the Tractor Trailer
did not possess a valid driving license resulting in the Tribunal
absolving the liability on the Insurance Company which perfect
and valid and sought for dismissal of the appeal.
10. Shri. Dharanagoudar I.K., learned counsel
representing the owner-respondent No.1, remained absent.
11. The owner of the Tractor Trailer has not filed any
appeal challenging the quantum of compensation in all
fastening the liability on the owner.
12. In the light of the arguments put forth on behalf of
the claimants and Insurance Company, this Court perused the
material on record meticulously.
13. On such perusal, it is seen that the driver of the
Tractor Trailer did not possess a valid driving license and
therefore, the Tribunal was justified in fastening the liability.
Insofar as the quantum of compensation is concerned, grant of
compensation in a sum of Rs.14,24,600/- is just and proper.
14. Accordingly, no case is made out for admitting the
appeal for further consideration.
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15. Hence, the following order is passed:
ORDER
(i) Admission declined. Appeal is dismissed.
(ii) No order as to cost.
Sd/-
JUDGE
SMM
