Karnataka High Court
The Managing Director, Shriram vs Narayan And Ors on 5 March, 2025
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NC: 2025:KHC-K:1453
MFA No. 200755 of 2018
C/W MFA No. 200754 of 2018
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE C.M. JOSHI
MISCL. FIRST APPEAL NO.200755/2018(MV-I)
C/W.
MISCL. FIRST APPEAL NO.200754/2018(MV-D)
IN MFA NO.200755/2018:
BETWEEN:
THE MANAGING DIRECTOR,
SHRIRAM GEN. INS. CO. LTD.,
CTS NO.477/1M-1, 1ST FLOOR,
V.A. KALABURAGI HALL MARK BUILDING,
DESAI CROSS, PINTO ROAD,
HUBLI-20,
Digitally signed (THROUGH AUTHORISED SIGNATORY).
by SHIVALEELA
DATTATRAYA ...APPELLANT
UDAGI
Location: HIGH
COURT OF (BY SRI SUBHASH MALLAPUR, ADVOCATE)
KARNATAKA
AND:
1. ANKUSH S/O NARAYAN CHOPADE,
AGE: 40 YEARS, OCC: TEACHER,
R/O HOLE-KHURD, TQ. MADHA,
DIST. SOLAPUR-410 001.
2. SANTOSHKUMAR RATH
S/O GOURANGA CHARAN RATH,
AGE: 47 YEARS, OCC: TRANSPORT BUSINESS,
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MFA No. 200755 of 2018
C/W MFA No. 200754 of 2018
R/O ABHIMANYU PANIGRAHI,
RAMPA STREET, BEHRAMPUR,
GANJAM-760001,
STATE ODISSA-760 001.
...RESPONDENTS
(BY SRI BASAVARAJ R. MATH, ADV., FOR R1;
R2 - NOTICE DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO
ALLOW THE ABOVE APPEAL AND CONSEQUENTLY BE PLEASED
TO SET ASIDE THE JUDGMENT AND AWARD DATED 15.12.2017
PASSED BY THE II ADDL. DISTRICT JUDGE AND MEMBER
MOTOR ACCIDENT CLAIMS TRIBUNAL NO.3 VIJAYAPUR IN MVC
NO.154/2015.
IN MFA NO.200754/2018:
BETWEEN:
THE MANAGING DIRECTOR,
SHRIRAM GEN. INS. CO. LTD.,
CTS NO. 477/1M-1, 1ST FLOOR,
V.A. KALABURAGI HALL MARK BUILDING,
DESAI CROSS, PINTO ROAD,
HUBLI-20,
(THROUGH AUTHORISED SIGNATORY).
...APPELLANT
(BY SRI SUBHASH MALLAPUR, ADVOCATE)
AND:
1. NARAYAN S/O DAGADU CHOPADE,
AGE: 59 YEARS, OCC: COOLIE,
R/O HOLE-KHURD,
NOW R/O INDI ROAD,
VIJAYAPUR-586 101.
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NC: 2025:KHC-K:1453
MFA No. 200755 of 2018
C/W MFA No. 200754 of 2018
2. ANKUSH S/O NARAYAN CHOPADE,
AGE: 40 YEARS, OCC: TEACHER,
R/O HOLE-KHURD, TQ. MADHA,
DIST. SOLAPUR-410 001.
3. SANTOSHKUMAR RATH
S/O GOURANGA CHARAN RATH,
AGE: 47 YEARS, OCC: TRANSPORT BUSINESS,
R/O ABHIMANYU PANIGRAHI,
RAMPA STREET, BEHRAMPUR,
GANJAM-760 001,
STATE ODISSA.
...RESPONDENTS
(BY SRI BASAVARAJ R. MATH, ADV., FOR R1 AND R2;
R3 - NOTICE DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO
ALLOW THE ABOVE APPEAL AND CONSEQUTNLY BE PLEASED
TO SET ASIDE THE JUDGMENT AND AWARD DATED 15.12.2017
PASSED THE BY II ADDL. DISTRICT JUDGE AND MEMBER
MOTOR ACCIDENT CLAIMS TRIBUNAL NO.3, VIJAYPUR, IN MVC
NO.19/2015.
THESE APPEALS COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE C.M. JOSHI)
1. Heard learned counsel appearing for the appellant-
Insurance Company and learned counsel appearing for the
respondents-claimants in both the appeals.
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2. These appeals are by the Insurance Company being
aggrieved by the common judgment and award dated
15.12.2017 passed in MVC Nos.19/2015 and 154/2015 by the
Member, MACT-3, and II Additional District and Sessions Judge,
Vijayapura, (for short 'the Tribunal').
3. The parties would be referred to as per their rank
before the Tribunal for the sake of convenience.
4. The factual matrix of the case is as below:
a) On 15.02.2014, the petitioner - Ankush in MVC
No.154/2015 and his mother were traveling on the motorcycle
bearing No.MH-45/V-0725 and at about 7.45 a.m., at Varade
Village Toll Naka, a Container Truck bearing No.OR-07/Q-8482
came from back side and brushed the motorcycle of the
petitioner, resulting in the rider and pillion rider falling down
and the Container Lorry run over the hand of the deceased
Laxmi. They were shifted to the hospital and it was found that
the deceased Laxmi died on the way to the hospital. The
petitioner - Ankush was treated in the hospital for ten days.
The injured petitioner - Ankush and his father filed claim
petitions before the Tribunal respectively in MVC No.19/2015
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and 154/2015, contending that the deceased Laxmi was aged
55 years, doing agricultural work and earning Rs.7,500/- per
month. It was stated that the petitioner-Ankush suffered
fracture of the right radial head, fracture base of 5th metacarpal
and proximal phalanges over little finger of right hand and that
he was a Teacher, hence, they are entitled for the
compensation.
b) On being served with the notice, the respondent-
Insurance Company appeared before the Tribunal and the
owner of the lorry did not appear and as such, placed as ex-
parte.
c) The Insurance Company contended that there was
no involvement of the lorry bearing No.OR-07/Q-8482 and
driver of the vehicle was not having valid driving license and as
such, there was violation of the terms and conditions of the
policy. Inter alia it was also contended that there was delay of
10 days in filing the complaint to the Police, therefore, the
Container Lorry has been falsely implicated in the case.
Alternatively, it was also contended that the rider of the
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motorcycle was negligent and as such, there is contributory
negligence on the part of the petitioner-Ankush.
d) On the basis of contentions of the parties,
appropriate issues were framed by the Tribunal and the
petitioners examined PW1 and marked the documents at
Exs.P1 to P9 in evidence. The respondent - Insurance
Company examined its official as RW1 and Exs.R1 was marked.
e) After hearing both the sides, the Tribunal has
awarded compensation of Rs.1,62,000/- in respect of the death
of the deceased Laxmi in MVC No.19/2015 and Rs.50,000/- in
respect of MVC No.154/2015 regarding the injuries sustained
by the petitioner - Ankush, and fastened the liability on the
Insurance Company to pay the compensation to the petitioners.
Aggrieved by the same, these appeals are filed.
5. Learned counsel appearing for the appellant-
Insurance Company submits that the delay of 10 days in filing
the complaint has not been properly appreciated by the
Tribunal. It is submitted that the registration number of the
Container Lorry was disclosed for the first time after ten days of
the accident and therefore, there is circumstance which creates
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doubt. Secondly, it is urged that the post mortem was
conducted without registering the crime and therefore, the
proceedings followed by the Police is totally incorrect and it
gives room for doubt about the accident itself. It was further
contended that the MVI report does not mention about the
damages to any of the vehicles and therefore, the very
happening of the accident itself is doubtful.
6. Per contra, learned counsel appearing for the
respondent - petitioners defends the impugned common
judgment and award by saying that the procedural lapse on
behalf of the concerned Police cannot be a ground to deny relief
to the petitioners. He submits that the post mortem was
conducted after inquest panchnama and for this the Police had
followed the procedure in respect of the cases of unnatural
death. Hence, it is submitted that the appeals are bereft of
merits and the same to be dismissed.
7. A perusal of the complaint - Ex.P1 and its translated
copy at Ex.P1(a) shows that the Police registered the case for
the first time on 25.02.2014, wherein the complaint of PW1 had
mentioned the vehicle number. It appears that PW1 could not
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lodge the complaint, since he was also under the grief of death
of his mother and he also had suffered injuries in the accident.
This aspect is clearly mentioned in the complaint and therefore,
there is no reason to disbelieve the same. It is worth to note
that when the accident occurred, it was PW1, who was the rider
of the motorcycle and his mother had died in the said accident
and as such, the grief suffered by the PW1 is very well
understood and it cannot be accepted that he should have
lodged the complaint immediately. Expecting the PW1 to lodge
the complaint in the grief of death of his mother and his own
injuries would be absurd proposition and this argument by the
learned counsel appearing for the appellant cannot be
sustained.
8. Insofar as the tracing of the vehicle is concerned, it
is relevant to note that the inquest panchnama which is at
Ex.P4 would show that in Column No.13, the reason for death
of the deceased Laxmi was shown to be an accident between
the motorcycle and the Container Lorry. Therefore, it is clear
that the Police knew about the category of the vehicle which
was involved in the accident, but its number was not known.
This would clearly indicate that the Police had also registered a
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UDR case, ofcourse in No.0/2014. It is also evident that a
request was made to the Hospital Authorities under Section 174
of the Code of Criminal Procedure to conduct the post mortem.
Evidently, post mortem took place on 15.02.2014 itself. As
such, the arguments of the learned counsel for the appellant
that the Container Lorry has been falsely implicated cannot be
accepted.
9. The third submission is that the MVI Report at
Ex.P9 does not show any damage to the vehicles. It is
pertinent to note that as stated by the PW1 in his complaint at
Ex.P1, the Container Lorry had come from behind and its body
had brushed the motorcycle and touched the deceased Laxmi
and as such, PW1 and the deceased Laxmi fell down. When
she fell down, she suffered head injury and lorry run over the
left hand of the deceased Laxmi. Obviously, it was not head-on
collision. Moreover, the damages to the vehicles is not sine-
qua-non for an accident. The cross-examination of the PW1
has failed to elicit nothing about the false implication of the
vehicle. Under these circumstances, the appeals are bereft of
any merits and hence, the following:
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ORDER
i) Both the appeals are dismissed with costs.
ii) The amount in deposit before this Court be
transmitted to the Tribunal.
Sd/-
(C.M. JOSHI)
JUDGE
SBS
CT: AK
