Karnataka High Court
The Oriental Insurance Company vs Smt.Karevva W/O Sanna-Nagappa on 29 October, 2024
-1-
NC: 2024:KHC-D:15825
MFA No. 101328 of 2018
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.101328 OF 2018 (CPC)
BETWEEN:
THE ORIENTAL INSURANCE COMPANY
LIMITED, VIKAR COMPLEX, 2ND FLOOR,
P.B.NO.57, STATION ROAD, HUBLI - 580 020,
THROUGH DIVISIONAL MANAGER, DIVISION OFFICE,
JUBILEE CIRCLE, DHARWAD, NOW REPRESENTED
BY ITS DEPUTY MANAGER.
...APPELLANT
(BY SRI M. Y. KATAGI, ADVOCATE)
AND:
1. SMT. KAREVVA W/O. SANNA-NAGAPPA KATTIMANI,
AGE: 23 YEARS, OCC: HOUSEHOLD WORK,
R/O:NAREGAL, TALUK:RON, DIST:GADAG.
2. KUMAR YAMANUR S/O. SANNANAGAPPA KATTIMANI,
Digitally signed AGE: 5 YEARS, OCC: NIL, R/O:NAREGAL,
by SAROJA
HANGARAKI
TALUK:RON, DIST:GADAG.
Location: High
Court of
Karnataka 3. JAYAPPA S/O. DODDAYALLAPPA RAVUL,
AGE: 33 YEARS, OCC: BUSINESS,
R/O: SUDUGAD SIDDAR COLONY,
RAJEEVGANDHI NAGAR,
AT GADAG TQ: AND DIST:GADAG.
...RESPONDENTS
[BY SRI ANAND BAGEWADI, ADVOCATE FOR R1 AND R2 (VK FILED)]
THIS MFA IS FILED U/O.43 RULE 1(R) OF THE CODE OF CIVIL
PROCEDURE, AGAINST THE ORDER DATED 23.12.2017, PASSED IN
MVC MISC.PETITION NO.4/2016 ON THE FILE OF THE PRL. SENIOR
CIVIL JUDGE, SAUNDATTI AND ETC.,
-2-
NC: 2024:KHC-D:15825
MFA No. 101328 of 2018
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present appeal is filed by the petitioner/appellant
challenging the order dated 23.12.2017, passed in M.V.C.
Misc. No.4/2016, by the Principal Senior Civil Judge,
Saundatti.
2. The relevant facts leading to the present appeal
are that the respondent Nos.1 and 2 filed M.V.C
No.2809/2015 before the Court of Senior Civil Judge and
Additional M.A.C.T, Saundatti at Saundatti1, claiming
compensation for the death of one Sanna-Nagappa, who
was the husband of respondent No.1 and father of
respondent No.2. The said Sanna-Nagappa died in a road
traffic accident which occurred on 24.06.2015. The
respondent No.3 herein who is the owner of the vehicle
and the appellant who is the insurer of the vehicle were
Hereinafter referred to as the 'Tribunal'
NC: 2024:KHC-D:15825
arrayed as respondent Nos.1 and 2 before the Tribunal.
The Tribunal, by its judgment and award dated
12.08.2016, allowed the claim petition and awarded a sum
of ₹13,41,000/- and directed that the respondent Nos.1
and 2 therein are jointly and severally liable to pay the
compensation award.
3. The appellant preferred M.V.C. Misc. No.4/2016
under order IX Rule 13 R/w Section 151 of the Code of
Civil Procedure, 19082, to set aside the judgment and
award dated 12.08.2016, passed in M.V.C. No.2809/2015.
The said appeal having been filed belatedly, I.A No.I was
filed under Section 5 of the Limitation Act, 19633. Vide
order dated 23.12.2017, I.A No.I filed in M.V.C. Misc.
No.4/2016 was rejected. Being aggrieved, the present
appeal is filed.
4. Heard the submissions of learned counsel
Sri.M.Y.Katagi for the appellant and learned counsel
Sri.Anand Bagewadi for respondent Nos.1 and 2.
Hereinafter referred to as the 'CPC'
Hereinafter referred to as the 'Limitation Act'
NC: 2024:KHC-D:15825
5. Learned counsel for the appellant contends that
the appellant has been placed ex-parte before the Tribunal
and the notice has not been served. It is contended that
the appellant did not have an opportunity of contesting the
claim proceedings and liability has been saddled, without
the appellant having contested the claim proceedings. He
further contends that I.A No.I in M.V.C. Misc. No.4/2016
has been erroneously rejected. Hence, he seeks for
allowing of the above appeal.
6. Per contra, learned counsel for the respondents
vehemently opposes the present appeal and submits that
I.A No.I is filed under Section 5 of the Limitation Act
having been adequately considered, there is no error in
the order dated 23.12.2017 and seeks for dismissal of the
above appeal.
7. Vide order dated 23.12.2017, the Court of Senior
Civil Judge, Saundatti, has considered the contention put
forth by the appellant and has held that the appellant has
not stated the date on which the summons was traced and
NC: 2024:KHC-D:15825
has not furnished the details of the relevant material from
the office of the appellant.
8. It is relevant to note that the appellant has been
saddled with the liability jointly and severally with
respondent No.3, vide judgment and award dated
12.0.2016 passed in M.V.C. No.2809/2015. The said
liability having been saddled without an opportunity of
having been afforded, it is just and proper that an
opportunity be afforded to the appellant.
9. In view of the aforementioned discussion, the
following:
ORDER
a) The above appeal is allowed.
b) The order dated 23.12.2017, passed in
M.V.C. Misc. No.4/2016, by the Court of
Principal Senior Civil Judge, Saundatti is set
aside.
c) I.A No.I in M.V.C. Misc. No.4/2016 as well as
the petition in M.V.C. Misc. No.4/2016 on the
file of Senior Civil Judge, Saundatti at
NC: 2024:KHC-D:15825
Saundatti are allowed and the judgment and
award dated 12.08.2016, passed in M.V.C.
No.2809/2015, by the Court of the Senior Civil
Judge and Additional M.A.C.T, Saundatti at
Saundatti is set aside and the M.V.C.
No.2809/2015 on the file of Senior Civil Judge
and Additional M.A.C.T, Saundatti is restored
to file.
herein shall appear before the Tribunal in
M.V.C No.2809/2015 on 21.11.2024 without
requirement of any fresh notice being issued in
that regard to the said parties.
e) The appellant shall file its statement of
objections on the date of appearance before
the Tribunal, consequent to which, the
Tribunal shall conduct proceedings in
accordance with law.
f) The amount deposited before this Court
pursuant to the order dated 25.10.2018 shall
NC: 2024:KHC-D:15825
be transmitted to the Tribunal which shall be
kept in a fixed deposit for a minimum period
with automatic renewal clause by the Tribunal
and shall be subject to the further orders that
shall be passed by the Tribunal in M.V.C.
No.2809/2015.
g) Having regard to the fact that the claim
proceedings are old one, the Tribunal shall
endeavor to dispose off the same as
expeditiously as possible.
h) All contentions of parties are left open.
Sd/-
(C.M. POONACHA)
JUDGE
PMP
CT-ASC
