Karnataka High Court
Nagamma And Ors vs Mr. Jayawant And Anr on 5 September, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:6704
MFA No. 200425 of 2018
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.200425 OF 2018 (MV-D)
BETWEEN:
1. NAGAMMA W/O MALAKAPPA BOMANALLI,
AGE: 38 YEARS, OCC:H.H.WORK,
R/O. HARNAL, TQ.MUDDEBIHAL,
DIST: VIJAYAPUR.
2. HANAMANTHRAYA S/O MALAKAPPA BOMANALLI,
AGE: 19 YEARS, OCC: NIL,
REPRESENTED BY MINOR GUARDIAN HIS
MOTHER PETITIONER NO.1
R/O. HARNAL, TQ. MUDDEBIHAL
DIST: VIJAYAPUR.
3. SABANNA S/O BHIMAPPA BOMANALLI,
Digitally signed AGE: 55 YEARS (DEAD)
by SUMITRA
SHERIGAR
Location: HIGH 4. SHANTAWWA W/O SABANNA BOMANALLI,
COURT OF
KARNATAKA AGE: 55 YEARS (DEAD)
...APPELLANTS
(BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
AND:
1. MR. JAYAWANT S/O ANKUSH SATARDEKAR,
AT BUILDING NO.27, R.NO.16, STREET NO.6,
AIRDI BELAPUR ROAD, THANE,
(MH) THANE-400601.
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NC: 2024:KHC-K:6704
MFA No. 200425 of 2018
2. THE UNITED INDIA INSURANCE COMPANY LTD.,
THE BRANCH MANAGER,
UNITED INSURANCE COMPANY LTD.,
BRANCH OFFICE, VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADV. FOR R2;
NOTICE TO R1 HELD SUFFICIENT)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
kindly be RS.4,03,000/- (EXCLUDING THE AMOUNT AWARDED
BY THE TRIBUNAL) ALONG WITH INTEREST @ 18 % P.A. BY
SETTING ASIDE THE JUDGMENT AND AWARD OF THE SENIOR
CIVIL JUDGE AND MACT VIII MUDDEBIHAL DATED 15.07.2017
IN MVC NO.124 OF 2001.
THIS APPEAL, COMING ON FOR FINAL HEARING, 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)
Appeal is preferred by the claimants challenging the
award of the Tribunal insofar as it relates to the
exoneration of liability of the Insurer and also on the
ground that the compensation awarded was excessive.
2. It was the case the claimants that the vehicle
was, in fact, insured and this was clear from Ex.P.7 a
certificate issued by the RTO, in which it was stated that
NC: 2024:KHC-K:6704
the vehicle had been insured with the second respondent.
Ex.P.7 did indicate that the vehicle was insured with
United India Insurance Company Limited under a
Certificate No.074879 and was valid from 06.02.1997 to
05.02.1998. The Tribunal had held that Ex.P.7 was not
credible, since initially there was an entry as 'not available'
against the column of the Insurance Company's name and
subsequently the name of United India Insurance
Company was inserted. In order to resolve this dispute,
this Court passed an order directing the RTO, Thane
Region, Thane to produce the copy of the relevant extract
which had been marked as Ex.R.7. The RTO, Thane
Region, Thane has furnished a certificate which is in
consonance with Ex.P.7. But, in regards to the column
related to insurance, the company name, certificate
number and validity is shown as 'nil', thereby indicating
that they did not have any record of the fact that the
vehicle was insured. Since the certificate now issued by
the RTO, Thane Region, Thane contradicts Ex.P.7 and
indicates that there was no record of any insurance in
NC: 2024:KHC-K:6704
respect to the vehicle in question, the finding of the
Tribunal that the second respondent would not be liable
cannot be found fault with.
3. Consequently, as regards liability, the award of
the Tribunal will have to be affirmed.
4. As regards quantum of compensation, in the
light of the decision rendered by this court on an earlier
occasion in MFA No.12700/2007 c/w MFA No.14067/2007
disposed of on 06.09.2013 and held that there would be
no possibility of interfering with the quantum of
compensation awarded.
5. Consequently, the appeal in its entirety stands
dismissed.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
SN
