The United India Insurance Company ... vs Khadarabi And Anr
2024 Latest Caselaw 22570 Kant

Karnataka High Court

The United India Insurance Company ... vs Khadarabi And Anr on 4 September, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                             -1-
                                                        NC: 2024:KHC-K:6677
                                                    MFA No. 201216 of 2024




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                          DATED THIS THE 4TH DAY OF SEPTEMBER, 2024

                                           BEFORE

                         THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                        MISCL. FIRST APPEAL NO. 201216 OF 2024 (MV-I)

                   BETWEEN:

                   THE UNITED INDIA INSURANCE COMPANY LIMITED,
                   THROUGH ITS SENIOR DIVISIONAL MANAGER,
                   OPP. SANGAM TALKIES, SUPER MARKET,
                   KALABURAGI-585101,
                   NOW REPRESENTED BY ITS
                   AUTHORISED SIGNATORY.

                                                               ...APPELLANT
                   (BY SRI MOHD ABDUL QUAYUM, ADVOCATE)

                   AND:

                   1.   KHADARABI W/O AMIN ALI,
Digitally signed        AGE 31 YEARS, OCC: COOLIE, NOW NIL,
by SUMITRA
SHERIGAR                R/O. KARATAGI, TQ. GANGAVATI,
Location: HIGH          DIST. KOPPAL,
COURT OF
KARNATAKA               NOW RESIDING AT SHANTAPUR,
                        TQ SHORAPUR, DIST. YADAGIRI-585224.

                   2.   MOHAMMAD DALAPATHI
                        S/O RAJASAAB DALAPATHI,
                        AGE: 39 YEARS, OCC: BUSINESS AND OWNER OF
                        VEHICLE BEARING REGN NO.KA-37/A-0427,
                        R/O.MEHBOOB NAGAR, BASAVAPATTANNA
                        TQ. GANGAVATI, DIST. KOPPAL-583235.

                                                           ...RESPONDENTS
                   (BY SRI. KRUPA SAGAR PATIL, ADVOCATE FOR R1;
                             -2-
                                       NC: 2024:KHC-K:6677
                                   MFA No. 201216 of 2024




NOTICE TO R2 SERVED)

     THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
CALL FOR THE RECORDS IN M.V.C.NO.10/2021 BY THE SENIOR
CIVIL JUDGE AND MACT AT SHORAPUR AND SET ASIDE THE
JUDGMENT AND AWARD DATED 04.01.2024 PASSED IN
M.V.C.NO.10/2021 BY THE SENIOR CIVIL JUDGE AND MACT AT
SHORAPUR EXONERATING THE APPELLANT OF ITS LIABILITY.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                    ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)

The Insurer in appeal challenging the award of

`3,63,800/- awarded for the injuries suffered by the

claimant.

2. It is the contention of the Insurer that the

claimant was essentially a gratuitous passenger traveling

in a goods vehicle and therefore it would not be liable to

satisfy the compensation.

3. The Tribunal has held that the claimant was a

loader and unloader of bricks traveling in the vehicle and

therefore the liability of the Insurer cannot be absolved.

NC: 2024:KHC-K:6677

The evidence on record also indicates that the claimant

was traveling as a labourer in the lorry when she suffered

the injuries. This finding therefore cannot be found fault

with.

4. Consequently, the appeal is dismissed.

Sd/-

(N.S.SANJAY GOWDA) JUDGE

SN