Karnataka High Court
The Divisional Manager vs Smt Mahadevi W/O Prakash Idli on 13 November, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-D:16670-DB
MFA No. 102308 of 2023
C/W MFA.CROB No. 100026 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 102308 OF 2023 (MV-D)
C/W MFA CROSS OBJ NO. 100026 OF 2024
IN MFA NO.102308 OF 2023:
BETWEEN:
Digitally signed
by MANJANNA E
Location: HIGH THE DIVISIONAL MANAGER
COURT OF
KARNATAKA NEW INDIA ASSURANCE COMPANY LTD.,
DHARWAD
BENCH SRINIVAS TALKIES COMPLEX, MARKET ROAD,
Date: 2024.11.22
10:36:24 +0530
DHARWAD-580004, TQ. DIST: DHARWAD,
(INSURER OF TRUCK BEARING
REG.NO.KA-28/D-5966 POLICY
NO.68030231210300000549 VALID
FROM 29-04-2021 TO 28-04-2022)
REPRESENTED BY ITS AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI. G.N.RAICHUR, ADVOCATE)
AND:
1. SMT. MAHADEVI W/O. PRAKASH IDLI
AGE: 34 YEARS, OCC: HOUSEHOLD WORK,
R/O. MURGOD, TAL: SAUNDATTI-591126,
DIST: BELAGAVI.
2. SMT. DYAMAVVA W/O. MARUTI IDLLI
AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
R/O. MURGOD, TAL: SAUNDATTI-591126,
DIST: BELAGAVI.
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NC: 2024:KHC-D:16670-DB
MFA No. 102308 of 2023
C/W MFA.CROB No. 100026 of 2024
3. THE MANAGULI SUPPLIERS
REPRESENTED BY
PROP. MAHEBOOB S/O. MADARSAB MANAGULI,
AGE: MAJOR, OCC: BUSINESS,
R/O. HAMAL COLONY,
TQ. DIST: VIJAYPUR-586104,
(OWNER OF TRUCK BEARING
REG NO.KA-28/D-5966).
...RESPONDENTS
(BY SRI. G.R.TURAMARI, ADVOCATE FOR R1 AND R2;
NOTICE TO R3 IS SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 28.12.2022
PASSED IN MVC NO.2363/2021 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, SAUNDATTI, AWARDING COMPENSATION OF
Rs.22,40,400/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE
OF PETITION.
IN MFA CROSS OBJ. NO.100026 OF 2024:
BETWEEN:
1. SMT. MAHADEVI W/O. PRAKASH IDLI
AGE: 35 YEARS, OCC: HOUSEHOLD WORK.
2. SMT. DYAMAVVA W/O. MARUTI IDLI
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
BOTH ARE R/O. MURGOD, TQ: SAUNDATTI,
DIST: BELAGAVI-591126.
...CROSS-OBJECTORS
(BY SRI. G.R.TURAMARI, ADVOCATE)
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NC: 2024:KHC-D:16670-DB
MFA No. 102308 of 2023
C/W MFA.CROB No. 100026 of 2024
AND:
1. THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO. LTD.,
SHRINIVAS TALKIES COMPLEX,
MARKET ROAD, DHARWAD,
TQ AND DIST: DHARWAD-580004.
2. THE MANAGULI SUPPLIERS
REPRESENTED BY
PROP MAHEBOOB S/O. MADARSAB MANAGULI,
AGE: MAJOR, OCC: BUSINESS,
R/O. HAMAL COLONY, VIJAYAPUR,
TQ AND DIST: VIJAYAPUR-586104.
...RESPONDENTS
(BY SRI. G.N.RAICHUR, ADVOCATE FOR R1;
NOTICE TO R2 IS DISPENSED WITH)
THIS MFA.CROSS OBJECTION IN MFA NO.102308/2023 FILED
UNDER ORDER 41 RULE 22 OF C.P.C., AGAINST THE JUDGMENT AND
AWARD DATED 28.12.2022 PASSED IN MVC NO.2363/2021 ON THE
FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, SAUNDATTI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL AND CROSS OBJECTION, COMING ON FOR
ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
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NC: 2024:KHC-D:16670-DB
MFA No. 102308 of 2023
C/W MFA.CROB No. 100026 of 2024
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
The claimants as well as the insurance company, both
are challenging the judgment and award dated 28.12.2022
passed by the learned Senior Civil Judge and Additional
MACT, Saundatti, in MVC No.2363/2021 whereby the
Tribunal has awarded compensation of Rs.22,40,400/- with
interest at 7% per annum.
2. Brief facts of the case are that, on 06.06.2021,
Prakash Idli was proceeding towards Bagalkot on his Bolero
Pick-up bearing registration No.KA-31/6714 for unloading
the vegetables. When he came near Budigoppa crosss on
Belagavi-Bagalkot road, at that time, the vehicle was
punctured. The driver i.e., the deceased Prakash stopped
the said vehicle towards left side of the road and removed
the wheel of the vehicle, at that time, the driver of the truck
bearing registration No.KA-28/D-5966 came from Belagavi
side i.e. from back side, driving the same in a rash and
negligent manner with high speed and lost control over the
said vehicle and dashed to Prakash and bolero pick-up
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C/W MFA.CROB No. 100026 of 2024
vehicle. Due to the impact, Prakash sustained severe head
injury and fatal injuries to the vital parts of the body and
died on the spot. The claimants further contended that
Prakash was aged 35 years at the time of the accident and
was doing transport work and driving/vegetable vending
business and was earning Rs.1,00,000/- per month and due
to his sudden death, the claimants are suffering mentally
and financially. Thus, the claimants filed a claim petition
seeking compensation.
3. Learned counsel for the insurance company has
contended that the accident had occurred on 06.06.2021 at
midnight. The offending vehicle bearing registration
No.KA.28/D.5966 was not involved in the accident. To make
a false claim, they have implicated the offending truck. He
further contended that the complaint is lodged by one
Dyamanna Maruti. In the complaint, it is specifically stated
that the accident had occurred in the night and they have
not noticed the vehicle number and FIR has been registered
as unknown vehicle. After lapse of two years, the police,
during investigation, for the first time, have mentioned
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C/W MFA.CROB No. 100026 of 2024
about offending vehicle and filed a charge sheet on the basis
that Dyamanna has given the vehicle number when his
statement has been recorded on 22.06.2021. Dyamanna
has not been examined. Even the Investigating Officer has
not been examined. To make a false claim, the claimants
have colluded with the owner and driver of the truck and
have implicated the offending vehicle. Hence, he prayed to
allow the appeal.
4. Per contra, learned counsel appearing for the
claimants has contended that after the FIR has been
registered, the police, during investigation have found that
the offending truck bearing registration No.KA.28/D.5966
was involved in the accident. Thereafter, they have filed the
charge-sheet. He further contended that the RTO
department has conducted examination and filed IMV report
of the truck. It discloses that there is damage to the
offending truck. Therefore, it is very clear that the offending
truck was involved in the accident. Considering the
complaint, FIR, charge-sheet and IMV report, evidence of
PWs.1 and 2, the Tribunal has rightly held that the driver of
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the truck is negligent in causing the accident. Hence, he
sought for dismissal of the appeal filed by the insurance
company and sought for enhancement of compensation.
5. Heard the learned counsel for the parties.
Perused the impugned judgment and award and the original
records.
6. The case of the claimants is that on 06.06.2021,
the deceased Prakash Idli was proceeding towards Bagalkot
on his Bolero Pick-up bearing registration No.KA-31/6714 for
unloading the vegetables. When he came near Budigoppa
cross on Belagavi-bagalkot road, at that time, the vehicle got
punctured. The driver i.e., the deceased Prakash stopped
the said vehicle towards left side of the road and removed
the wheel of the vehicle, at that time, the driver of the truck
bearing registration No.KA-28/D-5966 from Belagavi side i.e.
from back side driving the same in a rash and negligent
manner with high speed, lost control over the said vehicle
and dashed to Prakash and to the bolero pick-up vehicle. As
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C/W MFA.CROB No. 100026 of 2024
a result, Prakash sustained severe head injury and died at
the spot.
7. To prove their case, claimant No.1 got herself
examined as PW-1 and also examined one Panchalingappa,
who is an eyewitness, as PW.2 and marked 21 documents as
Ex.P-1 to P-21. On behalf of the respondent No.2, one
Mahesh Maruti Mane, official of the insurance company is
examined as RW-1 and got marked 4 documents as Exs.R.1
to R.4.
8. The accident has occurred on 06.06.2021. One
Dyamanna has lodged the complaint as per Ex.P-2. In the
complaint, he has specifically stated that, "since it was dark,
nobody has noticed the vehicle number" and FIR has been
registered as per Ex.P-1 as "unknown vehicle". During the
investigation, the Police have recorded the statement of
Dyamanna on 22.06.2021. For the first time, he has
mentioned the vehicle's registration number i.e. truck
bearing No.KA.28/D.5966 and on that basis, the Police have
filed the charge-sheet. For the first time, during
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investigation, after 16 days, the Police have noticed the
specific allegation of the insurance company that, to make a
false claim, they have implicated the offending vehicle
colluding with the owner and driver of the offending vehicle.
To prove that the truck bearing registration
No.KA.28/D.5966 was involved in the accident, they have
not examined the complainant-Dyamanna and the
Investigating Officer and they have also not examined the
driver of the offending vehicle. They are the necessary
witnesses to prove that the offending vehicle was involved in
the accident. As per Ex.P-6, one Somappa, who is also an
eyewitness to the accident, has also not been examined to
prove that the offending truck was involved in the accident.
9. For the aforesaid reasons, to give one more
opportunity to the parties to prove that the offending vehicle
was involved in the accident, the matter is remitted to the
Tribunal.
10. Accordingly, the appeal and cross objection are
allowed in part. The judgment and award dated 28.12.2022
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C/W MFA.CROB No. 100026 of 2024
passed by the learned Principal Senior Civil Judge and
Additional MACT, Saundatti, in MVC No.2363/2021 is set
aside and the matter is remitted to the Tribunal reserving
liberty to the parties to adduce additional evidence and also
to produce additional documents, if any.
The Tribunal is directed to reconsider the matter afresh
after giving opportunity to the parties and also to re-assess
the quantum of compensation in accordance with law.
The parties are directed to appear before the Tribunal on
19.12.2024 without any further notice. The Tribunal is
directed to dispose of the petition within six months from the
date of appearance of the parties.
Registry is directed to transfer the amount in deposit to
the Tribunal concerned. Further the Tribunal is directed to
keep the said amount in Fixed Deposit.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
KMV Ct:vh
