M R Basavantappa vs Sri Kalleshi
2024 Latest Caselaw 12835 Kant

Karnataka High Court

M R Basavantappa vs Sri Kalleshi on 7 June, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                   -1-
                                                               NC: 2024:KHC:19954
                                                            WP No. 16749 of 2017




                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                  DATED THIS THE 7TH DAY OF JUNE, 2024

                                                BEFORE
                           THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                                 WRIT PETITION NO. 16749 OF 2017 (GM-AC)
                      BETWEEN:

                           M. R. BASAVANTAPPA,
                           S/O LATE RUDRAPPA,
                           AGED ABOUT 66 YEARS,
                           OCC: BUSINESS, SKVMS TRAVELS,
                           OPP: OLD BUS STAND,
                           KRISHNA ENGINEERING WORK COMPLEX,
                           DAVANGERE - 577 002.
                           SINCE DECEASED BY LRS

                      1.   M.B.SIDDESH,
                           S/O LATE M.R.BASAVANTHAPPA,
                           AGED ABOUT 53 YEARS,

                      2.   M.B.SHIVAKUMAR,
                           S/O LATE M.R.BASAVANTHAPPA,
                           AGED ABOUT 55 YEARS,

                      3.   M.B.MALLIKARJUNA,
Digitally signed by        S/O LATE M.R.BASAVANTHAPPA,
R HEMALATHA                AGED ABOUT 57 YEARS,
Location: HIGH
COURT OF
KARNATAKA                  ALL ARE RESIDING AT
                           MUTHUGADURU VILLAGE,
                           HOLALKERE TALUK,
                           CHITRADURGA DISTRICT.
                                                                  ...PETITIONERS
                      (BY SRI. MANJUNATHA K., ADVOCATE FOR LR1 TO LR3 OF
                         DEAD PETITIONER)

                      AND:

                      1.   SRI. KALLESHI,
                           S/O LATE ESHWARAPPA,
                           AGE: 41 YEARS,
                           OCC: DRIVER,
                               -2-
                                            NC: 2024:KHC:19954
                                         WP No. 16749 of 2017




     R/AT THARALABALU NAGARA,
     BELAVANUR POST,
     DAVANAGERE - 577 001.

2.   B.R. PRALHAD,
     S/O RAJAPPA,
     AGE 26 YEARS,
     OCC: DRIVER,
     R/AT BANDEBOMMANAHALLI,
     HOLALKERE TALUK,
     DISTRICT: CHITRADURGA - 577 526.

3.   SRIRAM GENERAL INSURANCE COMPANY LTD.,
     E-8, EPIR, RICO INDUSTRIAL AREA,
     SITAPURA JAIPUR,
     RAJASTHAN - 302 022.
                                       ...RESPONDENTS
(BY SRI.B.PRADEEP, ADVOCATE FOR R3;
    R1 AND R2 SERVED)

      THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPGUNED
AWARD AND JUDGMENT PASSED BY THE HON'BLE TRIBUNAL IN
MVC NO.1172/2010 DATED 22.12.2011 PRODUCED AT ANNEXURE -
E.
      THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

This writ petition challenges the award dated 22.12.2011, passed by the II Additional District Judge and Motor Accident Claims Tribunal (MACT)-III, Davanagere, in MVC No.1172/2010. In this award, the petitioner, who was respondent No.2 in the said case, along with respondent No.1, was held jointly and severally liable to pay the compensation amount awarded therein.

2. The learned counsel for the petitioner has presented the judgment passed by this Court in MFA No.10430/2012, which was disposed of on 23.02.2024. In this judgment, the respondent-

NC: 2024:KHC:19954

Insurance Company in MVC No.1172/2010 was held liable to pay the compensation amount.

3. In light of the aforementioned judgment, the portion of the award that holds the petitioner jointly and severally liable to pay the compensation is required to be set aside. Therefore, I issue the following orders:

ORDER

i. The writ petition is allowed.

ii. The portion of the award that directs the petitioner/respondent No.2 to pay the compensation amount is quashed.

iii. Respondent No.3 herein is held liable to pay the compensation, in accordance with the judgment passed by this Court in MFA No.10430/2012.

Sd/-

JUDGE

RKA