Karnataka High Court
The Manager vs Sri Vrushabhendra Chari @ ... on 6 March, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:9433
MFA No. 4775 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.4775 OF 2014(MV-D)
BETWEEN:
THE MANAGER,
RELIANCE GENERAL INS CO. LTD.,
MAGANUR COMMERCIAL COMPLEX,
B.D.ROAD, CHITRADURGA,
NOW REPRESENTED BY MANAGER LEGAL.
...APPELLANT
(BY SMT. PADMA.S.UTTUR., ADVOCATE FOR
SRI. ASHOK.N.PATIL., ADVOCATE)
AND:
1. SRI. VRUSHABHENDRA CHARI @
VRUSHABHENDRAPPA,
S/O CHIDANANDA CHARI,
AGED ABOUT 37 YEARS,
Digitally signed by
THEJASKUMAR N
Location: HIGH 2. SMT. SHARADAMMA
COURT OF
KARNATAKA W/O VRUSHABHENDRA CHARI @
VRUSHABHENDRAPPA,
AGED ABOUT 33 YEARS,
3. MASTER INDRAKUMAR
S/O VRUSHABENDRA CHARI
@ VRUSHABHENDRAPPA,
AGED ABOUT 16 YEARS,
STUDENT,
ALL ARE R/O SHAMANUR VILLAGE,
DAVANAGERE TALUK AND DISTRICT.
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NC: 2024:KHC:9433
MFA No. 4775 of 2014
SINCE THE RESPONDENT NO.3 IS MINOR,
HENCE HE IS REPRESENTED BY
HIS MOTHER RESPONDENT NO.2
AS NATURAL GUARDIAN.
4. N.C.RAVI KUMAR
S/O N.B.CHANNAPPA,
AGED ABOUT 26 YEARS,
R/O KURUBARA KERI,
BILICHODU VILLAGE (AT POST)
JAGALUR TALUK,
DAVANAGERE TALUK AND DISTRICT.
(DRIVER OF THE CAR
BEARING NO.KA-03-MB-8878).
5. V.MANJUNATH
S/O N.VENKATARAMANA CHAR,
AGED ABOUT 27 YEARS,
NO.34, 2ND MAIN, 2ND CROSS,
BESIDE SHIVALI TALKIES,
DEVARAJA URS BADAVANE,
DAVANAGERE.
(OWNER OF THE CAR BEARING
REG NO.KA-03-MB-8878).
6. RAJAGOPALA BALASUBRAMANIAN,
MAJOR, NO.315, 6TH 'B' CROSS,
OMBL LAYOUT, BANASAVADI,
BANGALORE-43.
...RESPONDENTS
(R1, 2, 4 AND 6 - SERVED AND UNREPRESENTED;
R3 MINOR REPRESENTED BY R2;
NOTICE TO R5 HELD SUFFICIENT- V/O DATED: 26.04.2019)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED: 18.01.2014
PASSED IN MVC NO.97/2012 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, MACT-5, DAVANAGERE.
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NC: 2024:KHC:9433
MFA No. 4775 of 2014
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Smt.Padma S.Uttur., learned counsel on behalf of
Sri.Ashok N.Patil., for the appellant has appeared in person.
2. Notice to the respondents was ordered on
01.08.2014. A perusal of the office note depicts that
respondents 1, 2, 4 and 6 are served and unrepresented and
notice to respondent No.5 is held sufficient vide order
dated:26.04.2019. They have neither engaged the services of
an advocate nor conducted the case as party in person.
3. Though the appeal is listed today for admission,
with the consent of learned counsel for the appellant, it is heard
finally.
4. For the sake of convenience, the parties shall be
referred to as per their status and rankings before the Tribunal.
5. The brief facts are these:
On the 08th day of December 2011 at about 9:30 am.,
one Ravi Kumar and deceased Santhosh Kumar were
NC: 2024:KHC:9433
proceeding on a motorcycle bearing Registration No.KA-17-ED-
964 from Shamanur Village to Davanagere and at that time,
the deceased Santhosh Kumar was riding the motorbike in a
moderate speed with following all the traffic rule and
regulations and while proceeding near last bus stop,
Vidyanagar, Davanagere and while turning the motorbike
towards left side by giving signal, the driver of a Car bearing
Registration No.KA-03-MB-8878 drove the same in a rash and
negligent manner from back side and hit against the
motorcycle. Due to the impact, the deceased Santhosh Kumar
sustained grievous injuries and later succumbed to the injuries.
The dependants of the deceased Santhosh Kumar filed claim
petition seeking compensation.
In response to the notice, respondents appeared through
their counsel and filed separate objections and denied the
petition averments. Among other grounds, they prayed for
dismissal of the petition.
Based on the above pleadings, the Tribunal framed
Issues, parties led evidence and marked the documents. The
Tribunal vide Judgment dated:18.01.2014 partly allowed the
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petition. It is this Judgment that is called into question in this
appeal on several grounds as set-out in the Memorandum of
appeal.
6. Learned counsel for the appellant in presenting his
arguments strenuously urged that the compensation of
Rs.75,000/- (Rupees Seventy Five Thousand only) awarded for
love and affection is untenable in law. She argued by saying
that the owner of the vehicle had not transferred the policy and
the Insurance Company also disputed non-involvement of the
insured vehicle with the alleged accident. Hence, she submits
that appropriate order may be passed.
Heard, the contentions urged on behalf of the appellant
and perused the appeal papers and the records with utmost
care.
7. The point that requires consideration is whether the
Judgment of the Tribunal requires interference.
8. The facts are sufficiently stated and do not require
reiteration. Perused the Judgment of the Tribunal with utmost
care.
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Learned counsel for the Insurance Company fairly
submits that the Insurance Company is not disputing the
compensation awarded towards funeral expenses, loss of
dependency and medical expenses.
The grievance of the Insurance Company is only to the
extent of compensation awarded towards love and affection.
Suffice it to note that the deceased left behind his father,
mother and minor brother. The Tribunal extenso referred to the
material on record and rightly awarded compensation of
Rs.75,000/- (Rupees Seventy Five Thousand only) towards love
and affection.
The contention regarding non-involvement and non-
transfer of policy, cannot be considered. The reason is simple.
The appeal is restricted only to the compensation awarded
under the head of love and affection. Furthermore, no grounds
are raised.
For the reasons stated above, the appeal is devoid of
merits and the same is liable to be dismissed.
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9. Resultantly, the Miscellaneous First Appeal is
dismissed.
Sd/-
JUDGE
TKN
