Karnataka High Court
Kumar. Farahan S/O Asif Iqbal ... vs Mr. H. B. Kittur on 22 October, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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MFA No. 104196 of 2018
C/W MFA No. 104199 of 2018
MFA No. 104200 of 2018
AND 2 OTHERS
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 22ND DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 104196 OF 2018 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 104199 OF 2018 (MV-I),
MISCELLANEOUS FIRST APPEAL NO. 104200 OF 2018 (MV-I),
MISCELLANEOUS FIRST APPEAL NO. 104201 OF 2018 (MV-I),
MISCELLANEOUS FIRST APPEAL NO. 104202 OF 2018 (MV-I),
IN MFA NO. 104196 OF 2018
BETWEEN:
1. DAVALSAB S/O. BABUSAB SULTANABHAI,
Digitally signed
by JAGADISH T R AGE: 63 YEARS, OCC: BUSINESS,
Location: High R/O. 1ST CROSS, MEHABOOB NAGAR,
Court of
Karnataka, DHARWAD-580008.
Dharwad Bench
2. ASIF IQBAL S/O. DAVALSAB SULTANABHAI,
AGE: 33 YEARS, OCC: BUSINESS,
R/O. 1ST CROSS, MEHABOOB NAGAR,
DHARWAD-580008.
3. IMITAZAHMAD S/O. BABUSAB SULTANABHAI,
AGE: 30 YEARS, OCC: STUDENT,
R/O. 1ST CROSS, MEHABOOB NAGAR,
DHARWAD-580008.
4. JAHIRAHMAD S/O. BABUSAB SULTANABHAI,
AGE: 28 YEARS, OCC: STUDENT,
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MFA No. 104196 of 2018
C/W MFA No. 104199 of 2018
MFA No. 104200 of 2018
AND 2 OTHERS
R/O. 1ST CROSS, MEHABOOB NAGAR,
DHARWAD-580008.
5. SMT. RIZAWANABEGUM W/O. FAYAAZ SHAIK,
AGE: 31 YEARS, OCC: HOUSEHOLD WORK,
R/O. 1ST CROSS, MEHABOOB NAGAR,
DHARWAD-580008.
...APPELLANTS
(BY SRI. B. S. SANGATI, ADVOCATE)
AND:
1. MR. H. B. KITTUR,
KUMARESHWAR NAGAR, DENA BANK COLONY,
P. B. ROAD, DHARWAD-580008.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
240700/DO, DHARWAD,
ANKOLA ARCADE, FIRST FLOOR,
OPPOSITE KALABHAVAN,
P.B.ROAD, DHARWAD-580008.
3. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD,
SOMESHWAR HEIGHTS, NEAR HALLIKERI
CHAWAL, HALIYAL ROAD, P.B. ROAD,
DHARWAD-580008.
...RESPONDENTS
(BY SRI. RAM P. GHORPADE, ADV. FOR R1;
SRI. RAVINDRA R. MANE, ADV. FOR R2;
SRI. G. N. RAICHUR, ADV. FOR R3)
THIS MFA IS FILED U/S.173(1) OF THE MOTOR VEHICLES ACT,
1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED
BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT
DHARWAD DATED 27.07.2018 IN M.V.C NO.556/2015, BY ALLOWING
THE ABOVE APPEAL AND AWARD COMPENSATION, IN THE INTEREST
OF JUSTICE AND EQUITY.
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MFA No. 104196 of 2018
C/W MFA No. 104199 of 2018
MFA No. 104200 of 2018
AND 2 OTHERS
IN MFA NO. 104199 OF 2018
BETWEEN:
DAVALSAB S/O. BABUSAB SULTANABHAI,
AGE: 63 YARS, OCC: BUSINESS,
R/O. 1ST CROSS, MEHABOOB NAGAR,
DHARWAD-580008.
...APPELLANT
(BY SRI. B. S. SANGATI, ADVOCATE)
AND:
1. MR. H. B. KITTUR,
KUMARESHWAR NAGAR,
DENA BANK COLONY,
P. B. ROAD, DHARWAD-580008.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
240700/DO, DHARWAD,
ANKOLA ARCADE, FIRST FLOOR,
OPPOSITE KALABHAVAN, P.B.ROAD,
DHARWAD-580008.
3. MR. ASIF IQBAL DAVALSAB SULTANABHAI,
AGE: 40 YEARS, OCC: BUSINESS,
R/O. MEHABOOB NAGAR, 1ST MAIN CROSS
ROAD, DHARWAD-580008.
4. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD,
SOMESHWAR HEIGHTS, NEAR HALLIKERI
CHAWAL, HALIYAL ROAD, P.B. ROAD,
DHARWAD-580008.
...RESPONDENTS
(BY SRI. RAVINDRA R. MANE, ADV. FOR R2;
SRI. S. N. BANAKAR, ADV. FOR R3;
SRI. G. N. RAICHUR, ADV. FOR R4;
NOTICE TO R1 SERVED)
THIS MFA IS FILED U/S.173(1) OF THE MOTOR VEHICLES ACT,
1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED
BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT
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MFA No. 104196 of 2018
C/W MFA No. 104199 of 2018
MFA No. 104200 of 2018
AND 2 OTHERS
DHARWAD DATED 27.07.2018 IN M.V.C NO.557/2015, BY ALLOWING
THE ABOVE APPEAL AND AWARD COMPENSATION, IN THE INTEREST
OF JUSTICE AND EQUITY.
IN MFA NO. 104200 OF 2018
BETWEEN:
KUMAR AMAN S/O. NOORAHMAD THASILDAR,
AGE: 11 YEARS, OCC: STUDENT,
R/O. JAMIYAMASJID GALLI, SAVADATTI,
SINCE MINOR REPRESENTED BY HIS NATURAL
GUARDIAN SHRI. NOORAHMAD
S/O. ABDULRAHIMAN THASILDAR,
R/O JAMIYAMASJID GALLI, SAVADATTI.
...APPELLANT
(BY SRI. B. S. SANGATI, ADVOCATE)
AND:
1. MR. H. B. KITTUR,
KUMARESHWAR NAGAR,
DENA BANK COLONY,
P.B.ROAD, DHARWAD.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
240700/DO, DHARWAD,
ANKOLA ARCADE, FIRST FLOOR,
OPPOSITE KALABHAVAN,
P.B.ROAD, DHARWAD.
3. MR. ASIF IQBAL DAVALSAB SULTENBHAI,
AGE: 40 YEARS, OCC: BUSINESS,
R/O. MEHABOOB NAGAR,
1ST MAIN CROSS ROAD,
DHARWAD-580008.
4. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD,
SOMESHWAR HEIGHTS,
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MFA No. 104196 of 2018
C/W MFA No. 104199 of 2018
MFA No. 104200 of 2018
AND 2 OTHERS
NEAR HALLIKERI CHAWAL,
HALIYAL ROAD, P.B. ROAD,
DHARWAD-580008.
...RESPONDENTS
(BY SRI. RAM P. GHORPADE, ADV. FOR R1;
SRI. RAVINDRA R. MANE, ADV. FOR R2;
SRI. S. N. BANAKAR, ADV. FOR R3;
SRI. G. N. RAICHUR, ADV. FOR R4)
THIS MFA IS FILED U/S.173(1) OF THE MOTOR VEHICLES ACT,
1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED
BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT
DHARWAD DATED 27.07.2018 IN M.V.C NO.561/2015, BY ALLOWING
THE ABOVE APPEAL AND AWARD COMPENSATION, IN THE INTEREST
OF JUSTICE AND EQUITY.
IN MFA NO. 104201 OF 2018
BETWEEN:
KUMAR. FARAHAN S/O. ASIF IQBAL SULTANABHAI
AGE: 8 YEARS, OCC: STUDENT,
R/O. 1ST CROSS, MEHABOOB NAGAR, DHARWAD,
SINCE MINOR REPRESENTED BY HIS NATURAL
GUARDIAN SHRI ASIF IQBAL
S/O. DAVALSAB SULTANBAI,
R/O. 1ST CROSS, MEHABOOB NAGAR,
DHARWAD.
...APPELLANT
(BY SRI. B. S. SANGATI, ADVOCATE)
AND:
1. MR. H. B. KITTUR,
KUMARESHWAR NAGAR,
DENA BANK COLONY,
P.B.ROAD, DHARWAD.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
240700/DO, DHARWAD,
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MFA No. 104196 of 2018
C/W MFA No. 104199 of 2018
MFA No. 104200 of 2018
AND 2 OTHERS
ANKOLA ARCADE, FIRST FLOOR,
OPPOSITE KALABHAVAN,
P.B.ROAD, DHARWAD.
3. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD,
SOMESHWAR HEIGHTS, NEAR HALLIKERI
CHAWAL, HALIYAL ROAD, P.B. ROAD,
DHARWAD-580008.
...RESPONDENTS
(BY SRI. RAM P. GHORPADE, ADV. FOR R1;
SRI. RAVINDRA R. MANE, ADV. FOR R2;
SRI. G. N. RAICHUR, ADV. FOR R3)
THIS MFA IS FILED U/S.173(1) OF THE MOTOR VEHICLES ACT,
1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED
BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT
DHARWAD DATED 27.07.2018 IN M.V.C NO.559/2015, BY ALLOWING
THE ABOVE APPEAL AND AWARD COMPENSATION, IN THE INTEREST
OF JUSTICE AND EQUITY.
IN MFA NO. 104202 OF 2018
BETWEEN:
KUMAR. REHAN S/O. NOORAHMAD THASILDAR,
AGE: 9 YEARS, OCC: STUDENT,
R/O. JAMIYAMASJID GALLI, SAVADATTI,
SINCE MINOR REPRESENTED BY
HIS NATURAL GAURDIAN SHRI. NOORAHMAD
S/O. ABDULRAHIMAN THASILDAR,
R/O. JAMIYAMASJID GALLI, SAVADATTI.
...APPELLANT
(BY SRI. B. S. SANGATI, ADVOCATE)
AND:
1. MR. H. B. KITTUR,
KUMARESHWAR NAGAR,
DENA BANK COLONY,
P.B.ROAD, DHARWAD-580011.
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MFA No. 104196 of 2018
C/W MFA No. 104199 of 2018
MFA No. 104200 of 2018
AND 2 OTHERS
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
240700/DO, DHARWAD,
ANKOLA ARCADE, FIRST FLOOR,
OPPOSITE KALABHAVAN,
P.B.ROAD, DHARWAD-580011.
3. MR. ASIF IQBAL DAVALSAB SULTENBHAI,
AGE: 40 YEARS, OCC: BUSINESS,
R/O. MEHABOOB NAGAR,
1ST MAIN CROSS ROAD,
DHARWAD-580008.
4. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD,
SOMESHWAR HEIGHTS,
NEAR HALLIKERI CHAWAL,
HALIYAL ROAD, P.B. ROAD,
DHARWAD-580008.
...RESPONDENTS
(BY SRI. RAM P. GHORPADE, ADV. FOR R1;
SRI. RAVINDRA R. MANE, ADV. FOR R2;
SRI. S. N. BANAKAR, ADV. FOR R3;
SRI. G. N. RAICHUR, ADV. FOR R4)
THIS MFA IS FILED U/S.173(1) OF THE MOTOR VEHICLES ACT,
1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED
BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT
DHARWAD DATED 27.07.2018 IN M.V.C NO.560/2015, BY ALLOWING
THE ABOVE APPEAL AND AWARD COMPENSATION, IN THE INTEREST
OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR PRELIMINARY HEARING,
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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MFA No. 104196 of 2018
C/W MFA No. 104199 of 2018
MFA No. 104200 of 2018
AND 2 OTHERS
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
These appeals are filed by the claimants challenging
the judgment and award dated 27.07.2018 passed by the
Principal Senior Civil Judge and CJM and Additional MACT,
Dharwad, (for short, 'the Tribunal') in MVC Nos.556/2015,
557/2015, 559/2015, 560/2015 and 561/2015 whereby,
the claim petitions are dismissed on the ground that
claimants have failed to prove that the driver of Tata
Indica Car bearing registration No.KA-25/B-1675 was
negligent in causing the accident.
2. Brief facts of the case are as under;
On 15.03.2015 when the claimants were travelling in
a Maruti Omni Car bearing registration No.KA-27/M-2254
on Dharwad-Haliyal road when they reached near the
agricultural land of Ningappa Irappa Angadi of
Salakinakoppa, at that time the driver of Tata Indica Car
bearing registration No.KA-25/B-1675 came from opposite
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AND 2 OTHERS
direction in a rash and negligent manner and dashed to
the said Maruti Omni Car. On account of this, some of the
inmates suffered injury and one of them has died. The
claimant in claim petition (MVC) No.557/2015 himself was
driving the said Maruti Omni car. The legal representatives
of deceased Shamshadbegum and claimants in other
petitions have filed the claim petitions under Section 166
of the Motor Vehicles Act,1988 (for short, 'MV Act'), in
MVC Nos.556/2015, 557/2015, 559/2015, 560/2015 and
561/2015.
3. On service of summons the respondent Nos.1
and 2 appeared through their counsel and filed objections.
4. On the basis of pleadings of the parties, the
Tribunal has framed issues in all claim petitions and on
appreciation of oral and documentary evidence of the
parties has dismissed all the claim petitions. Being
aggrieved by the same, the claimants have filed these
appeals under Section 173 of the MV Act.
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5. The specific claim of the claimants is that the
claimant in MVC No.557/2015 was driving Maruti Omni Car
and the deceased-Shamshadbegum and other claimants
were inmates of the said car. When they reached near the
agricultural land of one Ningappa Irappa Angadi of
Salakinakoppa of Dharwad- Haliyal road the driver of the
Tata Indica Car came in a rash and negligent manner and
dashed to Maruti Omni Car. Due to said impact, Smt.
Shamshadbegum has died and other claimants were
injured. Since, the claimants have failed to prove that the
driver of Tata Indica Car was negligent in causing the
accident, the claim petitions have been dismissed.
6. First time in these appeals the claimants have
filed an application for impleading the owner and insurer of
Maruti Omni Car contending that the said vehicle is
insured with Insurance Company, except the claimant in
MVC No.557/2015, other claimants are entitled for
compensation if they prove that the driver of Maruti Omni
Car is negligent in causing the accident. Therefore, they
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AND 2 OTHERS
prayed to remand these matters for re-consideration
afresh.
7. Sri. G.N. Raichur, the learned counsel appearing
for the insurer of Maruti Omni Car has contended that,
throughout the proceedings the case of the claimants is
that the driver of Tata Indica Car is negligent in causing
the accident. First time they have filed an application for
impleading insurer of Maruti Omni Car as a party in these
appeals. Even before this Court their contention is that the
driver of Tata Indica Car is negligent in causing the
accident. He also contended that even if the Tribunal held
that the insurer of Maruti Omni Car is negligent in causing
the accident, the insurer of the Maruti Omni Car is not
liable to pay the interest because they have been
impleaded first time before this Court. Since the Motor
Vehicles Act is social beneficial legislation, in the interest
of justice, we are of the opinion that the matter requires to
be remitted back to the Tribunal for fresh consideration in
accordance with law after giving an opportunity to all the
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AND 2 OTHERS
parties to adduce additional evidence and produce
additional documents.
8. Accordingly, appeals are allowed. The
judgment and award passed by the Tribunal is set aside.
The matter is remitted back to the Tribunal to re-consider
the matter afresh in accordance with law after giving an
opportunity to all the parties to adduce additional evidence
and produce additional documents and also permit them to
file additional pleadings.
9. It is made clear that the Tribunal while
considering the matter afresh has to decide the case in
accordance with law without influencing any observation
made in earlier order of the Tribunal and also in respect of
interest is concerned it is kept open for the Tribunal to
consider the same.
10. All the contentions of the parties are also kept
open.
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AND 2 OTHERS
11. Parties are directed to appear before the
Tribunal on 27.11.2024 without any further notice.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
SMM/ct-an
