Karnataka High Court
Chandrakant @ Chandram vs Nagappa S/O Hanamanth Gunjatti And Ors on 5 September, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:6694
MFA No. 202411 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.202411 OF 2018 (MV-D)
BETWEEN:
1. CHANDRAKANT @ CHANDRAM
S/O MALAKARI PUJARI,
AGE: 50 YEARS, OCC: NIL.
2. VAISHKHA W/O CHANDRAKANT
@ CHANDRAM PUJARI,
AGE: 47 YEARS, OCC: H.H. WORK.
3. RAMU S/O CHANDRAKANT
@ CHANDRAM PUJARI,
AGE: 23 YEARS, OCC: NIL.
ALL ARE R/O. MADASNAL,
Digitally signed TQ: DIST: VIJAYAPUR - 586 108.
by SUMITRA
SHERIGAR
Location: HIGH ...APPELLANTS
COURT OF (BY SRI. SANGANABASAVA B. PATIL, ADVOCATE)
KARNATAKA
AND:
1. NAGAPPA S/O HANAMANTH GUNJATTI
AGE: 47 YEARS, OCC: DRIVER
R/O. KORTI (RC), TQ: BILAGI,
DIST: BAGALKOT - 587 116.
2. CHANDRASHEKHAR S/O KRISHNAPPA, DEVAJI
AGE: 45 YEARS, OCC: BUSINESS
R/O. KORTI (RC), TQ: BILAGI,
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NC: 2024:KHC-K:6694
MFA No. 202411 of 2018
DIST: BAGALKOT - 587 116.
(OWNER OF TRACTOR NO. KA-29/T-9339 AND
TRAILER NO. KA-29/T-9341)
3. LENKAPPA S/O KRISHNAPPA DEVAJI
AGE: 47 YEARS, OCC: BUSINESS,
R/O. KORTI (RC), TQ: BILAGI,
DIST: BAGALKOT - 587 116.
(OWNER OF TRACTOR NO. KA-29/T-3794 AND
TRAILER NO. KA-29/T-3249)
4. THE BRANCH MANAGER
UNITED INDIA INSURANCE CO. LTD.
1ST FLOOR, SANGAM BUILDING,
S.S. FRONT ROAD,
VIJAYAPUR - 586 101.
...RESPONDENTS
(BY SRI SANJEEV M. JOSHI, ADV. FOR R4;
NOTICE TO R1-SERVED; APPEAL AGAINST R2 AND R3 IS
DISMISSED AS ABATED)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THIS APPEAL BY SETTING ASIDE JUDGMETN AND
AWARD DATED-31.05.2018 PASSED BY THE HON'BLE COURT
OFTHE IV ADDL. DIST. JUDGE AND MOTOR ACCIDENT CLAIMS
TRIBUNAL XIII, VIJAYAPUR IN MVC NO.1471/2013, AND
ALLOW THE CLAIM PETITION AS PRAYER FOR AND ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
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NC: 2024:KHC-K:6694
MFA No. 202411 of 2018
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. The claimants are in appeal challenging the dismissal
of the claim petition.
2. The claimants had filed the claim petition and stated
in column No.14 as follows:
14. Number and type of : 1.Tractor. No. KA-29/T-9339
the vehicle involved in Trailers No. ΚΑ-29/T-9341-9342.
the accident. (The number of this vehicle
appears in the F.I.R &
complaint)
2. Tractor No. KA-29/T-3794
Trailer No. KΑ-29/T-3249.
(The number of this vehicle
appear in the MVI & charge
sheet)
3. Subsequently, by way of an amendment, they
incorporated the tractor bearing registration No.KA-29/T-
3794 and trailer No.KA-28/TA-3249 and KA-29/T-9341
had been involved in the accident and by way of this
amendment, they also stated that they would wish to
proceed against this vehicle since this was the vehicle
mentioned in the charge sheet.
NC: 2024:KHC-K:6694
4. The Tribunal, on assessment of the evidence has
recorded a finding that the vehicle numbers were changed
so as to create liability and there was also tampering with
the certified copy by the Investigating Officer. It is
ultimately concluded by the Tribunal that the accident as
alleged by the claimants could not be accepted and the
involvement of the vehicle as contended by the claimants
could not be accepted.
5. In my view, the reasoning of the Tribunal to arrive at
this conclusion cannot be found fault with, especially in the
light of the very averment in the claim petition that the
claimants were not exactly sure at the time of filing of the
claim petition as to which vehicle was involved in the
accident. I see no reason to entertain the appeal. The
appeal is therefore dismissed.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
MSR
