Karnataka High Court
The Branch Manager vs G Thimmappa on 4 March, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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MFA No. 10289 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.10289 OF 2013(MV-D)
BETWEEN:
THE BRANCH MANAGER,
THE ORIENTAL INSURANCE CO.LTD.,
BRANCH OFFICE, SHARAD COMPLEX,
CHITRADURGA,
NOW REPRESENTED BY ITS
REGIONAL MANAGER,
REGIONAL OFFICE, 2ND FLOOR,
SUMANGALA COMPLEX,
LAMINGTON ROAD,
HUBLI-580 020.
...APPELLANT
(BY SRI. HARINI SHIVANANDA., ADVOCATE)
AND:
1. G.THIMMAPPA
Digitally signed by
S/O KARIYAPPA,
THEJASKUMAR N 56 YEARS, AGRICULTURIST,
Location: HIGH
COURT OF
KARNATAKA 2. HEMAKKA
W/O G.THIMMAPPA,
46 YEARS, HOUSE WIFE,
BOTH ARE RESIDENT OF
MANDALUR GOLLARAHATTI,
MANDALUR POST,
DAVANAGERE TALUK,
NOW R/O YALAGODU, BHARAMASAGARA HOBLI,
CHITRADURGA TALUK & DISTRICT-577 519.
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MFA No. 10289 of 2013
3. G.PALAKSHAPPA
S/O GADRAPPA, MAJOR,
R/O SATTUR GOLLARAHATTI,
SATTUR POST, HARAPANAHALLY TALUK,
DAVANAGERE DISTRICT-583 131.
...RESPONDENTS
(BY SMT. SPOORTHY HEGDE.N., ADVOCATE FOR R1 AND R2;
SRI. P.MAHADEVASWAMY., ADVOCATE FOR R3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED: 11.10.2013
PASSED IN MVC NO.387/2012 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, MACT-4, CHITRADURGA.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Smt.Harini Shivananda., learned counsel for the appellant
has appeared through video conferencing.
Sri.Spoorthy Hegde.N., learned counsel for respondents 1
and 2 has appeared in person.
2. For the sake of convenience, the parties shall be
referred to as per their status and rankings before the Tribunal.
3. The claimants filed claim petition under Section
163(A) of the Motor Vehicles Act seeking compensation and
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urged several contentions. In response to the notice, the first
respondent appeared through his advocate and filed his
objections and denied the averments made in the claim
petition. The second respondent Insurance company also
appeared through its advocate and filed objections. It admitted
that the vehicle in question was covered under the policy,
however the liability was subject to the terms and conditions of
the policy. Among other grounds it prayed for dismissal of the
petition.
Based on the above pleadings, the Tribunal framed
issues. The parties led evidence and marked the documents.
The Tribunal vide Judgment dated:11.10.2013 allowed the
petition in part. It is this Judgment that is called into question
in this appeal on several grounds as set-out in the
memorandum of appeal.
4. Learned counsel for the appellant and respondents
1 & 2 have urged several contentions. Heard, the contentions
urged on behalf of the respective parties and perused the
appeal papers and the records with utmost care.
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5. Learned counsel appearing on behalf of the
respective parties drew the attention of the Court to the
decision in RAMKHILADI AND ANOTHER Vs. THE UNITED
INDIA INSURANCE COMPANY AND ANOTHER IN CIVIL
APPEAL NO.9393/2019.
In view of decision referred to supra, the Judgment
dated:11.10.2023 passed by the Tribunal is modified holding
that the claimants are entitled for compensation of
Rs.1,00,000/- (Rupees One Lakh only) with interest at the rate
of 6% per annum from the date of petition till realization, since
the policy covered is to the extent of Rs.1,00,000/- (Rupees
One Lakh only).
6. The Insurance Company is liable to deposit a sum
of Rs.1,00,000/- (Rupees One Lakh only) with 6% interest per
annum from the date of petition till realization.
Office is directed to transmit the amount in deposit if any
to the Tribunal forthwith for refund of the same to the
Insurance Company.
7. The claimants are entitled to withdraw the entire
amount.
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8. Resultantly, the Miscellaneous First Appeal is
allowed in part.
Sd/-
JUDGE
TKN
