Karnataka High Court
The Oriental Insurance Co Ltd vs Sri. Palakshappa on 3 September, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2024:KHC:35926
MFA No. 5418 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5418 OF 2018 (MV)
BETWEEN:
THE ORIENTAL INSURANCE CO LTD
A.K.S. COMPLEX, ASHOK ROAD
SAGAR, SHIVAMOGGA DISTRICT
NOW REPRESENTED BY
REGIONAL OFFICE HUBLI
2ND FLOOR, "SUMANGALA COMPLEX"
LAMINGTON ROAD, HUBLI-580020
REPRESENTED BY ITS ASSISTANT MANAGER.
...APPELLANT
(BY SRI. ASHOK N PATIL.,ADVOCATE)
AND:
1. SRI. PALAKSHAPPA
S/O RUDRAPPA
AGED ABOUT 59 YEARS
Digitally signed by
HEMALATHA A OCC:AGRICULTURIST
Location: HIGH R/O SHIVAPURA VILLAGE
COURT OF KASABA HOBLI, SORABA TALUK
KARNATAKA
SHIVAMOGGA DISTRICT.
2. SRI DADAPEER KHWAZA SAB CHOWTI
S/O KHWAZA SAB
R/O HALLIBAILU
TURABIGUDDA VILLAGE
HAVERI DISTRICT.
3. SRI ANIL PANDITH
S/O ASHWATHANARAYANA
AGED ABOUT 39 YEARS
-2-
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MFA No. 5418 of 2018
R/O DASARAKERI, SHIKARIPURA
SHIKARIPURA TALUK
SHIVAMOGGA DISTRICT.
...RESPONDENTS
(BY SRI.M E NAGESHA., ADVOCATE FOR R3:
NOTICE TO R1 & R2 ARE SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:04.12.2017
PASSED IN MVC NO.145/2016 ON THE FILE OF THE SENIOR
CIVIL JUDGE & XIII AMACT, SORABA, AWARDING
COMPENSATION OF RS.50,000/- WITH INTEREST AT 6% P.A.
FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
This appeal under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') has been
filed by the claimant being aggrieved by the judgment
dated 04.12.2017 passed by the Senior Civil Judge & XIII
AMACT Court, Soraba (hereinafter referred to as 'the
Tribunal') in MVC No.145/2016.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 25.02.2015 at about 8.30 p.m., when
the son of the claimant was proceeding in a tractor engine
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bearing registration No.KA-15/T-7953 and trailer bearing
registration No.KA-15/T-7954 by loading bricks from
Bedavatti to Shivapura, at that time, a bus bearing
registration No.KA-14/A-6327 being driven by its driver at
a high speed and in a rash and negligent manner, dashed
to the vehicle of the claimant. As a result of the aforesaid
accident, the tractor and trailer suffered damages.
3. The claimant filed a petition under Section 166 of
the Act, seeking compensation. It was pleaded that he
spent significant amount towards repairs to the tractor and
trailer. It was further pleaded that the accident occurred
solely on account of rash and negligent driving of the
offending vehicle by its driver.
4. Upon service of notice, the respondent No.3
appeared through counsel and filed written statement
denying the averments made in the claim petition. The
respondent Nos.1 and 2, despite service of notice, did not
appear before the Tribunal and were placed ex-parte.
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5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
the evidence. The claimant, in order to prove the case,
examined himself as PW-2, and got exhibited documents
namely Ex.P1 to Ex.P20. On behalf of the respondents,
one witness was examined as RW-1 and got exhibited
documents namely Ex.R1 to Ex.R7. The Claims Tribunal,
by the impugned judgment, inter alia, held that the
accident took place on account of rash and negligent
driving of the offending vehicle by its driver, as a result of
which, the tractor and trailer suffered damages.. The
Tribunal further held that the claimant is entitled to a
compensation of Rs.50,000/- along with interest at the
rate of 6% p.a. and directed the Insurance Company to
deposit the compensation amount along with interest.
Being aggrieved, the present appeal has been filed.
6. The learned counsel for the Insurance Company
submitted that the claimant has claimed that he spent a
sum of Rs.81,700/- for repairs to his vehicle. It is also an
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admitted fact that he has claimed own damage with his
insurer - United India Insurance Company and they have
paid a sum of Rs.71,500/-. Inspite of that, the Tribunal
has granted a sum of Rs.50,000/- towards damages to the
vehicle. The same is contrary to the materials available on
record. Hence, he sought to allow the appeal.
7. The respondent is served and unrepresented.
8. Heard the learned counsel for the appellant and
perused the judgment and award of the Tribunal and the
original records.
9. It is not in dispute that the tractor bearing
registration No.KA-15/T-7953 and trailer bearing
registration No.Ka-15/T-7954 suffered damages in a road
traffic accident occurred on 25.02.2015 due to rash and
negligent driving of the driver of the offending vehicle.
10. As per Ex.P14, the total repairs bill is Rs.81,700/-
They have also produced the invoice as per Exs.P19 and
P20 to show that the amount they have spent is
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Rs.60,393/- & Rs.15,519/-, respectively. RW1, who is the
Branch Manager of the United India Insurance Company
has deposed that the claimant has filed own damage
application for the tractor and trailer. After verification
they have paid a sum of Rs.71,500/-. The Tribunal has
failed to consider this aspect of the matter. Since the
claimant has already claimed own damage from his own
insurer of the tractor and trailer, he is only entitled to
remaining amount of compensation.
11. In the result, the following order is passed:
ORDER
(i) The appeal is allowed in part.
(ii) The judgment of the Claims Tribunal is modified.
(iii) The compensation awarded by the Tribunal at
Rs.50,000/- is reduced to Rs.15,000/-.
(iv) The amount in deposit before this Court is
ordered to be refunded to the appellant, after due
verification.
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(v) If there is any excess amount deposited, the
Tribunal is directed to refund the same to the Insurance
Company, after due verification.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
