Karnataka High Court
Noorjan vs V Krishnappa on 3 September, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:35883
MFA No. 9264 of 2018
C/W MFA No. 9263 of 2018
MFA No. 9265 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. 9264 OF 2018 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO. 9263 OF 2018 (MV)
MISCELLANEOUS FIRST APPEAL NO. 9265 OF 2018 (MV)
IN MFA No. 9264/2018
BETWEEN:
SRIDHAR
S/O SHYAMANNA
AGED ABOUT 42 YEARS
R/AT HARISHCHANDRA GHAT
HIRIYUR TOWN,
CHITRADURGA DISTRICT.
...APPELLANT
(BY SRI. RANGEGOWDA N R .,ADVOCATE)
AND:
Digitally signed by
1. V KRISHNAPPA
HEMALATHA A S/O VEERAPPA
Location: HIGH MAJOR
COURT OF R/O KYATHADEVARAHATTI VILLAGE
KARNATAKA
BEERENAHALLI POST, HIRIYUR TALUK
CHITRADURGA DISTRICT-577 599.
2. THE BRANCH MANAGER
BRANCH OFFICE
THE NATIONAL INSURANCE CO. LTD
LAKSHMI BAZAR,
CHITRADURGA-577 501
...RESPONDENTS
(BY SRI. A.N. KRISHNA SWAMY.,ADVOCATE FOR R2:
NOTICE TO R1 IS SERVED AND UNREPRESENTED)
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NC: 2024:KHC:35883
MFA No. 9264 of 2018
C/W MFA No. 9263 of 2018
MFA No. 9265 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:22.04.2016
PASSED IN MVC NO.143/2006 ON THE FILE OF THE SENIOR
CIVIL JUDGE ADDITIONAL MACT, JMFC, HIRIYUR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 9263/2018
BETWEEN:
NOORJAN
S/O ABDUL AZEEZ SAB
R/O GOPALAPURA EXTENSION
HIRIYUR TOWN,
CHITRADURGA DITRICT-577599
...APPELLANT
(BY SRI. RANGEGOWDA N R .,ADVOCATE)
AND:
1. V KRISHNAPPA
S/O VEERAPPA
MAJOR
R/O KYATHADEVARAHATTI VILLAGE
BEERENAHALLI POST, HIRIYUR TALUK
CHITRADURGA DISTRICT-577599.
2. THE BRANCH MANAGER
BRANCH OFFICE
THE NATIONAL INSURANCE CO LTD
LAKSHMI BAZAR,
CHITRADURGA 577501
...RESPONDENTS
(BY SRI. A.N.KRISHNA SWAMY.,ADVOCATE FOR R2:
NOTICE TO R1 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:22.04.2016
PASSED IN MVC NO.121/2006 ON THE FILE OF THE SENIOR
CIVIL JUDGE ADDITIONAL MACT, JMFC, HIRIYUR, PARTLY
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NC: 2024:KHC:35883
MFA No. 9264 of 2018
C/W MFA No. 9263 of 2018
MFA No. 9265 of 2018
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 9265/2018
BETWEEN:
ALLABAKSHI
S/O LATE IBRAHIM SAB
AGED ABOUT 50 YEARS
R/O MIRZA MOHALLA, HIRIYUR TOWN
CHITRADURGA DISTRICT-577599
...APPELLANT
(BY SRI. RANGEGOWDA N R .,ADVOCATE)
AND:
1. V KRISHNAPPA
S/O VEERAPPA
MAJOR
R/O KYATHADEVARAHATTI VILLAGE
BEERENAHALLI POST, HIRIYUR TALUK
CHITRADURGA DISTRICT-577599.
2. THE BRANCH MANAGER
BRANCH OFFICE
THE NATIONAL INSURANCE CO LTD
LAKSHMI BAZAR,
CHITRADURGA-577501
...RESPONDENTS
(BY SRI.A.N. KRISHNA SWAMY.,ADVOCATE FOR R2:
NOTICE TO R1 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:22.04.2016
PASSED IN MVC NO.144/2006 ON THE FILE OF THE SENIOR
CIVIL JUDGE ADDITIONAL MACT, JMFC, HIRIYUR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC:35883
MFA No. 9264 of 2018
C/W MFA No. 9263 of 2018
MFA No. 9265 of 2018
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
1. These appeals under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act', for
short) have been filed by the claimants challenging the
judgment and award dated 22.04.2016 passed by the
Senior Civil Judge & Additional MACT, Hiriyur in MVC
Nos.121/2006, 143/2006 and 144/2006.
2. Facts giving rise to the filing of the appeals briefly
stated are that on 04.03.2006 at 5.00 p.m., while the
claimants in all the appeals were traveling in Auto
Rickshaw bearing Registration No.KA-16/6558 from
Kunikere Village to Hiriyur, near Lakkavvanahally Kunikere
bridge, the driver of the said Auto Rickshaw drove the
same in high speed and in rash and negligent manner and
applied the break suddenly and toppled. As a result of the
aforesaid accident, the deceased sustained grievous
injuries and were hospitalized.
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3. The claimants filed a petitions under Section 166 of
the Act, seeking compensation. It was pleaded that they
spent significant amount towards medical expenses,
conveyance charges and other related costs. 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.2
appeared through counsel and filed written statement
denying the averments made in the claim petition. The
respondent No.1, despite service of notice, did not appear
before the Tribunal and was placed ex-parte.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
the evidence. The Tribunal, by impugned judgment and
award has partly allowed the claim petitions and held that
the claimant in MVC No.121/2006 is entitled to a
compensation of Rs.71,900/-, the claimant in MVC
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No.143/2006 is entitled to a compensation of Rs.18,000/-
and the claimant in MVC No.144/2006 is entitled to a
compensation of Rs.12,000/- along with interest at the
rate of 6% p.a. and directed the owner of the offending
vehicle to deposit the compensation amount along with
interest. Being aggrieved, this appeal has been filed.
6. The learned counsel for the claimant has raised the
following contentions:
a) Firstly, due to the accident, the claimants sustained
grievous injuries. They have suffered lot of pain during the
treatment. The compensation awarded to the claimants by
the Tribunal is on the lower side.
b) Secondly, regarding liability, the Tribunal has made a
clear finding that, at the time of the accident, the driver of
the offending vehicle breached the policy condition by
driving beyond the permitted limit. Consequently, the
driver violated the permit condition and the Tribunal has
correctly held the owner of the offending vehicle is liable
to pay the compensation to the claimants. He further
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argued that, as per the Hon'ble Apex Court's judgment in
RANI vs. NATIONAL INSURANCE COMPANY LTD.
(2018) 8 SCC 492, the Insurance Company is required to
pay compensation to the third party initially, with the
liberty to recover the amount from the owner of the
offending vehicle.
With the above contentions, the learned counsel
sought to allow the appeal.
7. On the other hand, the learned counsel for the
Insurance Company has raised the following counter-
contentions:
a) Firstly, the injuries suffered by the claimants are
minor in nature. They have not examined the doctor.
Considering the injuries suffered by the claimants and
medical records, the overall compensation awarded by the
Tribunal is just and reasonable and does not call for any
interference.
b) Secondly, regarding the liability, admittedly, the
offending vehicle has violated the permit condition. Since
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the insured has violated permit condition, the Tribunal has
rightly exonerated the Insurance Company from the
liability.
With the above contentions, the learned counsel
sought to dismiss the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
REG:LIABILITY
9. It is not in dispute that the claimants have sustained
injuries in the road traffic accident occurred on 04.03.2006
due to rash and negligent driving of the offending vehicle
by its driver.
10. The Tribunal has made a clear finding that, at the
time of the accident, the driver of the offending vehicle
breached the policy condition by driving the offending
vehicle beyond the permitted limit. Therefore, the driver
of the offending vehicle has violated the permit condition.
Therefore, the insured has violated the policy condition,
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the Tribunal has rightly exonerated the Insurance
Company from the liability. However, in view of the
judgment of the Hon'ble Apex Court in the case of 'RANI'
in respect of third party is concerned, the Insurance
Company has to pay the compensation to the claimants at
first instance with liberty to recover the same from the
owner of the offending vehicle. Therefore, the Insurance
Company has to pay the compensation to the claimants
with liberty to recover the same from the owner of the
offending vehicle.
REG:QUANTUM OF COMPENSATION
11. Although the claimants suffered injuries due to the
accident, they did not undergo medical examination.
Considering the nature of the injuries sustained by the
claimants, the evidence presented by them, and the
medical records, overall compensation awarded by the
Tribunal is just and reasonable and therefore, does not
require any interference.
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12. In the result, the following order is passed:
ORDER
a) The appeals are disposed of.
b) The judgment of the Claims Tribunal is modified.
c) The Insurance Company is directed to deposit the
entire compensation amount along with interest
from the date of filing of the claim petition till the
date of realization, within a period of six weeks from
the date of receipt of copy of this judgment. With
liberty to recover the same from the owner of the
offending vehicle.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
HA
