Karnataka High Court
Smt. Laxmi @ Minakshi vs Shantkumar And Anr on 29 July, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
-1-
NC: 2024:KHC-K:5443
MFA No. 201786 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.201786 OF 2022 (MV-D)
BETWEEN:
1. SMT. LAXMI @ MINAKSHI
W/O LATE NAGENDRA NAKAMAN,
AGE: 33 YEARS, OCC: HOUSEHOLD,
R/O. KERI BHOSGA VILLAGE,
TQ. AND DIST. KALABURAGI.
2. ADITYA S/O LATE NAGENDRA,
AGE: 13 YEARS, OCC: MINOR
3. SHARDA D/O LATE NAGENDRA
AGE: 10 YEARS, OCC: MINOR
APPELLANT NO.2 AND 3 ARE MINOR AND
Digitally signed
U/G OF THEIR NATURAL MOTHER APPELLANT NO.1
by RENUKA
Location: HIGH ...APPELLANTS
COURT OF
KARNATAKA
(BY SMT. PATIL SHANTABAI SUBHASH, ADVOCATE)
AND:
1. SHANTKUMAR
S/O SHIVASHARNAPPA,
AGE: MAJOR, R/O. KERI BHOSAGA
TQ. AND DIST. KALABURAGI-585104.
2. MANAGER HDFC ERGO DIC LTD. GEN.
INSURANCE, TIMMAPURI CHOWK,
-2-
NC: 2024:KHC-K:5443
MFA No. 201786 of 2022
STATION BAZAR,
KALABURAGI-585102.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2 AND
R1-SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
CALL FOR RECORDS AND SET ASIDE THE IMPUGNED
JUDGMENT AND AWARD DATED 02.12.2021 PASSED BY THE III
ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI, IN
MVC NO.490/2019 AND PLEASED TO ALLOW THE CLAIM
PETITION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. This appeal is by the appellants/claimants
challenging the dismissal of their claim petition by the
Tribunal.
2. The appellants lodged a complaint contending that
the deceased was traveling on a two wheeler and an
unknown driver of a four wheeler hit his two wheeler from
behind. As a result of which, the deceased sustained
grievous injuries and ultimately succumbed to the same.
NC: 2024:KHC-K:5443
3. The vehicle in question was owned by respondent
No.1 and was covered under a statutory policy, thereby
meaning, only the risk of 2 third parties were covered.
4. The deceased being a rider of the vehicle cannot be a
third party and therefore, the question of him being
covered under the policy would not arise.
5. The Tribunal has dismissed the claim taking note of
the 'C' report filed by the Police, in which the Police have
stated that despite seven months of investigation, they
were unable to locate the four-wheeler which was stated
to have hit the two-wheeler of the deceased. The Tribunal
accordingly came to the conclusion that the owner of the
vehicle could not be made liable since the vehicle was
covered only with a statutory policy. The Tribunal in fact
observed that it was possible that the death occurred as a
result of the hit-and-run.
6. In my view, the findings of the Tribunal cannot be
found fault with. Since, no other vehicle was involved, the
NC: 2024:KHC-K:5443
question of considering the case as one of the composite
negligence would not arise.
7. The exoneration of the liability of the owner of the
vehicle and the insurance company cannot also therefore
be found fault with. However, as has been observed by
the Tribunal, the death occurred most probably as a result
of hit-and-run.
8. The evidence also indicates that the motor cycle was
found on the road and the deceased had suffered grievous
injuries and his body was transported through an
ambulance.
9. In my view, the findings of the Tribunal that it was a
hit-and-run case will have to be accepted and as per
Section 161 of the Motor Vehicles Act, 1988, as it stood
then, the appellants would be entitled to a sum of
Rs.25,000/- as compensation.
10. The appeal is accordingly disposed of directing the
respondent No.2-insurance company to pay the aforesaid
NC: 2024:KHC-K:5443
compensation to appellants under Section 161 of the
Motor Vehicles Act, within a period of four weeks from the
date of receipt of a copy of this judgment.
11. The entire compensation amount shall be disbursed
to appellant No.1.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
RK
CT: VD
