Karnataka High Court
The Oriental Insurance Company Limited vs Smt.Rajashri on 27 September, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 27TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.100812/2016 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.100813/2016 (MV)
MISCELLANEOUS FIRST APPEAL NO.100814/2016 (MV)
MISCELLANEOUS FIRST APPEAL NO.100815/2016 (MV)
MISCELLANEOUS FIRST APPEAL NO.100816/2016 (MV)
MISCELLANEOUS FIRST APPEAL NO.100817/2016 (MV)
MISCELLANEOUS FIRST APPEAL NO.100818/2016 (MV)
MISCELLANEOUS FIRST APPEAL NO.100819/2016 (MV)
Digitally MISCELLANEOUS FIRST APPEAL NO.100820/2016 (MV)
signed by MFA CROB NO.100011/2017 (MV)
BHARATHI MFA CROB NO.100034/2017 (MV)
HM MFA CROB NO.100035/2017 (MV)
IN MFA.NO.100812/2016:
BETWEEN:
THE ORIENTAL INSURANCE COMPANY LIMITED,
UTTAM PRAKASH THEATER COMPLEX, TILAK ROAD,
ICHALAKARANJI, MAHARASHTRA-416115,
(INSURER OF MOTOR VEHICLE NO.MH-20/AY-2567),
REP. BY ITS DEPUTY MANAGER,
ORIENTAL INSURANCE COMPANY LIMITED,
-2-
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
REGIONAL OFFICE, SUMNGALA COMPLEX
LAMINGTON ROAD, HUBBALLI.
...APPELLANT
(BY SRI G. N. RAICHUR, ADVOCATE)
AND:
1. MALLAPPA S/O. RAMAPPA MAGADUM,
AGE: 45 YEARS, OCC: AGRICULTURE,
NOW NIL,
R/O: NIRWANATTI, TQ: HUKKERI,
DIST: BELAGAVI.
2. SRI.GAJANAN S/O. MUTTAPA SURAPALLI,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: LINGANOOR, TQ AND DIST: SANGLI
(MAHARASTRA) (OWNER OF VEHICLE
NO.MH-10/C-5692).
3. UNITED INDIA INSURANCE COMPANY LIMITED,
DIVISIONAL OFFICE 290, SAMRAT MANSION,
VAKHARBAG SANGLI
TALUK AND DIST SANGALI,
(INSURER OF VEHICLE NO.MH-10/C-5692).
4. SRI.PAWANKUMAR S/O. SHAMU UPADHYE,
AGE: MAJOR, OCC: BUSINESS,
R/O: KARAMAD,
TQ AND DIST: AURANGABAD-431212,
(OWNER OF THE VEHICLE NO.MH-20/AY-2567)
...RESPONDENTS
(BY SRI RAJASHEKHAR S. ARANI, ADVOCATE FOR R3;
R2 AND R4 - SERVICE OF NOTICE HELD SUFFICIENT;
R1 - NOTICE SERVED)
-3-
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL
FOR THE RECORDS AND HEAR THE PARTIES AND SET ASIDE THE
JUDGMENT AND AWARD DATED 20.01.2016, PASSED BY THE COURT
OF PRL. SENIOR CIVIL JUDGE, GOKAK, IN MVC NO.639/2013, BY
ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND
EQUITY.
IN MFA.NO.100813/2016:
BETWEEN:
THE ORIENTAL INSURANCE COMPANY LIMITED,
UTTAM PRAKASH THEATER COMPLEX, TILAK ROAD,
ICHALAKARANJI, MAHARASHTRA-416115,
(INSURER OF MOTOR VEHICLE NO.MH-20/AY-2567),
REP. BY ITS DEPUTY MANAGER,
ORIENTAL INSURANCE COMPANY LIMITED,
REGIONAL OFFICE, SUMNGALA COMPLEX
LAMINGTON ROAD, HUBBALLI.
...APPELLANT
(BY SRI G. N. RAICHUR, ADVOCATE)
AND:
1. SMT GANGAWWA W/O. RAMAPPA MAGADUM,
AGE: 58 YEARS, OCC: AGRICULTURE AND
ANIMAL HUSBANDARY(NOW NIL),
R/O: NIRWANATTI, TQ: HUKKERI,
DIST:BELAGAVI,
NOW RESIDING AT GURUWAR PETH GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
-4-
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
2. SRI GAJANAN S/O. MUTTAPA SURAPALLI,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: LINGANOOR, TQ AND DIST: SANGLI
(MAHARASTRA)
(OWNER OF VEHICLE NO.MH-10/C-5692).
3. UNITED INDIA INSURANCE COMPANY LIMITED,
DIVISIONAL OFFICE 290, SAMRAT MANSION,
VAKHARBAG SANGLI
TALUK AND DIST SANGALI,
(INSURER OF VEHICLE NO.MH-10/C-5692)
4. SRI.PAVANKUMAR S/O. SHAMU UPADHYE,
AGE: MAJOR, OCC: BUSINESS,
R/O: KARAMAD,
TQ AND DIST: AURANGABAD-431212,
(OWNER OF VEHICLE NO.MH-20/AY-2567).
...RESPONDENTS
(BY SRI RAJASHEKHAR S. ARANI, ADVOCATE FOR R3;
R2 AND R4 - SERVICE OF NOTICE HELD SUFFICIENT;
R1 - NOTICE SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL
FOR THE RECORDS AND HEAR THE PARTIES AND SET ASIDE THE
JUDGMENT AND AWARD DATED 20.01.2016 PASSED BY THE COURT
OF PRL. SENIOR CIVIL JUDGE, GOKAK, IN MVC NO.640/2013 BY
ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND
EQUITY.
-5-
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
IN MFA.NO.100814/2016:
BETWEEN:
THE ORIENTAL INSURANCE COMPANY LIMITED,
UTTAM PRAKASH THEATER COMPLEX,
TILAK ROAD, ICHALAKARANJI
MAHARASHTRA-416115,
(INSURER OF MOTOR VEHICLE NO MH-20/AY-2567),
REP. BY ITS DEPUTY MANAGER,
ORIENTAL INSURANCE COMPANY LIMITED,
REGIONAL OFFICE, SUMNGALA COMPLEX
LAMINGTON ROAD, HUBBALLI.
...APPELLANT
(BY SRI G. N. RAICHUR, ADVOCATE)
AND:
1. SIDDAPPA S/O. MALLAPPA BASAPURE,
AGE: 33 YEARS, OCC: AGRICULTURE,
NOW NIL,
R/O: NIRWANATTI, TQ: HUKKERI,
DIST: BELAGAVI,
NOW RESIDING AT SHIVAPUR VILLAGE,
TQ: GOKAK, DIST: BELAGAVI.
2. SRI GAJANAN S/O. MUTTAPA SURAPALLI,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: LINGANOOR, TQ AND DIST: SANGALI
(MAHARASTRA),
(OWNER OF VEHICLE NO.MH-10/C-5692).
3. UNITED INDIA INSURANCE COMPANY LIMITED,
DIVISIONAL OFFICE 290, SAMRAT MANSION,
VAKHARBAG SANGLI
-6-
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
TALUK AND DIST SANGLI,
(INSURER OF VEHICLE NO.MH-10/C-5692)
4. SRI PAWANKUMAR S/O. SHAMU UPADHYE,
AGE: MAJOR, OCC: BUSINESS,
R/O: KARAMAD,
TQ AND DIST: AURANGABAD-431 212,
(OWNER OF VEHICLE NO.MH-20/AY-2567).
...RESPONDENTS
(BY SRI RAJASHEKHAR S. ARANI, ADVOCATE FOR R3;
R2 AND R4 - SERVICE OF NOTICE HELD SUFFICIENT;
R1 - NOTICE SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL
FOR THE RECORDS AND HEAR THE PARTIES AND SET ASIDE THE
JUDGMENT AND AWARD DATED 20.01.2016 PASSED BY THE COURT
OF PRL. SENIOR CIVIL JUDGE, GOKAK, IN MVC NO.641/2013 BY
ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND
EQUITY.
IN MFA.NO.100815/2016:
BETWEEN:
THE ORIENTAL INSURANCE COMPANY LIMITED,
UTTAM PRAKASH THEATER COMPLEX,
TILAK ROAD, ICHALAKARANJI
MAHARASHTRA-416115,
(INSURER OF MOTOR VEHICLE NO.MH-20/AY-2567),
REP. BY ITS DEPUTY MANAGER,
ORIENTAL INSURANCE COMPANY LIMITED,
-7-
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
REGIONAL OFFICE, SUMNGALA COMPLEX,
LAMINGTON ROAD, HUBBALLI.
...APPELLANT
(BY SRI G. N. RAICHUR, ADVOCATE)
AND:
1. MALLAPPA S/O RAMAPPA MAGADUM,
AGE: 45 YEARS,
OCC: AGRICULTURE, NOW NIL,
R/O: NIRWANATTI, TQ:HUKKERI,
DIST: BELAGAVI.
2. SRI GAJANAN S/O. MUTTAPA SURAPALLI,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: LINGANOOR,
TQ AND DIST: SANGLI (MAHARASTRA)
(OWNER OF VEHICLE NO.MH-10/C-5692).
3. UNITED INDIA INSURANCE COMPANY LIMITED,
DIVISIONAL OFFICE 290, SAMRAT MANSION,
VAKHARBAG SANGLI
TALUK AND DIST SANGLI,
(INSURER OF VEHICLE NO.MH-10/C-5692)
4. SRI PAWANKUMAR S/O. SHAMU UPADHYE,
AGE: MAJOR, OCC: BUSINESS,
R/O: KARAMAD,
TQ AND DIST: AURANGABAD-431 212,
(OWNER OF VEHICLE NO.MH-20/AY-2567).
...RESPONDENTS
(BY SRI RAJASHEKHAR S. ARANI, ADVOCATE FOR R3;
R2 AND R4 - SERVICE OF NOTICE HELD SUFFICIENT;
R1 - NOTICE SERVED)
-8-
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL
FOR THE RECORDS AND HEAR THE PARTIES AND SET ASIDE THE
JUDGMENT AND AWARD DATED 20.01.2016 PASSED BY THE COURT
OF PRL.SENIOR CIVIL JUDGE, GOKAK, IN MVC NO.642/2013 BY
ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND
EQUITY.
IN MFA.NO.100816/2016:
BETWEEN:
THE ORIENTAL INSURANCE COMPANY LIMITED,
UTTAM PRAKASH THEATER COMPLEX,
TILAK ROAD, ICHALAKARANJI
MAHARASHTRA-416115,
(INSURER OF MOTOR VEHICLE NO.MH-20/AY-2567),
REP. BY ITS DEPUTY MANAGER,
ORIENTAL INSURANCE COMPANY LIMITED,
REGIONAL OFFICE SUMNGALA COMPLEX
LAMINGTON ROAD, HUBBALLI.
...APPELLANT
(BY SRI G. N. RAICHUR, ADVOCATE)
AND:
1. NAGAPPA ALIAS NAGARAJ S/O. SIDDAPPA MADAR,
AGE: 20 YEARS, OCC: COOLIE, NOW NIL,
R/O: NIRWANATTI, TQ: HUKKERI,
DIST: BELAGAVI,
NOW RESIDING AT AMBEDKAR NAGAR, GOKAK.
2. SRI GAJANAN S/O. MUTTAPA SURAPALLI,
AGE: 58 YEARS, OCC: BUSINESS,
-9-
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
R/O: LINGANOOR,
TQ AND DIST: SANGLI (MAHARASTRA),
(OWNER OF VEHICLE NO.MH-10/C-5692).
3. UNITED INDIA INSURANCE COMPANY LIMITED,
DIVISIONAL OFFICE 290, SAMRAT MANSION,
VAKHARBAG SANGLI
TALUK AND DIST SANGALI,
(INSURER OF VEHICLE NO.MH-10/C-5692)
4. SRI PAWANKUMAR S/O. SHAMU UPADHYE,
AGE: MAJOR, OCC: BUSINESS,
R/O: KARAMAD,
TQ AND DIST: AURANGABAD-431 212,
(OWNER OF VEHICLE NO.MH-20/AY-2567).
...RESPONDENTS
(BY SRI RAJASHEKHAR S. ARANI, ADVOCATE FOR R3;
R2 AND R4 - SERVICE OF NOTICE HELD SUFFICIENT;
R1 - NOTICE SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL
FOR THE RECORDS AND HEAR THE PARTIES AND SET ASIDE THE
JUDGMENT AND AWARD DATED 20.01.2016 PASSED BY THE COURT
OF PRL. SENIOR CIVIL JUDGE, GOKAK, IN MVC NO.643/2013 BY
ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND
EQUITY.
IN MFA.NO.100817/2016:
BETWEEN:
THE ORIENTAL INSURANCE COMPANY LIMITED,
UTTAM PRAKASH THEATER COMPLEX,
- 10 -
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
TILAK ROAD, ICHALAKARANJI,
MAHARASHTRA-416115,
(INSURER OF MOTOR VEHICLE NO. MH-20/AY-2567),
REP. BY ITS DEPUTY MANAGER,
ORIENTAL INSURANCE COMPANY LIMITED,
REGIONAL OFFICE SUMNGALA COMPLEX
LAMINGTON ROAD, HUBBALLI.
...APPELLANT
(BY SRI G. N. RAICHUR, ADVOCATE)
AND:
1. KUMAR AMEET S/O. SATTEPPA MAGADUM,
AGE: 11 YEARS, OCC: STUDENT,
R/O: NIRWANATTI, TQ: HUKKERI,
DIST: BELAGAVI,
NOW RESIDING AT SHIVAPUR(K)
TQ: GOKAK, DIST: BELAGAVI,
(RESPONDENT IS MINOR HENCE REP. BY
NATURAL MINOR GUARDIAN MOTHER
SMT. RAJASHRI AND SIGNED ON HIS BEHALF).
2. SRI GAJANAN S/O. MUTTAPA SURAPALLI,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: LINGANOOR, TQ AND DIST: SANGLI
(MAHARASTRA),
(OWNER OF VEHICLE NO.MH-10/C-5692).
3. UNITED INDIA INSURANCE COMPANY LIMITED,
DIVISIONAL OFFICE 290, SAMRAT MANSION,
VAKHARBAG SANGLI
TALUK AND DIST SANGLI,
(INSURER OF VEHICLE NO.MH-10/C-5692)
- 11 -
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
4. SRI PAWANKUMAR S/O. SHAMU UPADHYE,
AGE: MAJOR, OCC: BUSINESS,
R/O: KARAMAD,
TQ AND DIST: AURANGABAD-431 212,
(OWNER OF VEHICLE NO.MH-20/AY-2567).
...RESPONDENTS
(BY SRI RAJASHEKHAR S. ARANI, ADVOCATE FOR R3;
R2 AND R4 - SERVICE OF NOTICE HELD SUFFICIENT;
R1 - NOTICE SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL
FOR THE RECORDS AND HEAR THE PARTIES AND SET ASIDE THE
JUDGMENT AND AWARD DATED 20.01.2016 PASSED BY THE COURT
OF PRL. SENIOR CIVIL JUDGE, GOKAK, IN MVC NO.644/2013 BY
ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND
EQUITY.
IN MFA.NO.100818/2016:
BETWEEN:
THE ORIENTAL INSURANCE COMPANY LIMITED,
UTTAM PRAKASH THEATER COMPLEX,
TILAK ROAD, ICHALAKARANJI
MAHARASHTRA-416115,
(INSURER OF MOTOR VEHICLE NO.MH-20/AY-2567),
REP. BY ITS DEPUTY MANAGER,
ORIENTAL INSURANCE COMPANY LIMITED,
REGIONAL OFFICE SUMNGALA COMPLEX
LAMINGTON ROAD, HUBBALLI.
...APPELLANT
(BY SRI G. N. RAICHUR, ADVOCATE)
- 12 -
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
AND:
1. SHRI RAMESH S/O YELLAPPA MADAR,
AGE: 31 YEARS, OCC: COOLIE(NOW NIL),
R/O: NIRWANATTI, TQ: HUKKERI,
DIST: BELAGAVI,
NOW RESIDING AT AMBEDKAR NAGAR
AT GOKAK, TQ: GOKAK, DIST: BELAGAVI.
2. SRI GAJANAN S/O. MUTTAPA SURAPALLI,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: LINGANOOR, TQ AND DIST: SANGLI,
(MAHARASTRA),
(OWNER OF VEHICLE NO.MH-10/C-5692).
3. UNITED INDIA INSURANCE COMPANY LIMITED,
DIVISIONAL OFFICE 290, SAMRAT MANSION,
VAKHARBAG SANGLI
TALUK AND DIST SANGALI,
(INSURER OF VEHICLE NO.MH-10/C-5692)
4. SRI PAWANKUMAR S/O. SHAMU UPADHYE,
AGE: MAJOR, OCC: BUSINESS,
R/O: KARAMAD,
TQ AND DIST: AURANGABAD-431 212,
(OWNER OF VEHICLE NO.MH-20/AY-2567).
...RESPONDENTS
(BY SRI RAJASHEKHAR S. ARANI, ADVOCATE FOR R3;
R2 AND R4 - SERVICE OF NOTICE HELD SUFFICIENT;
R1 - NOTICE SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL
FOR THE RECORDS AND HEAR THE PARTIES AND SET ASIDE THE
- 13 -
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
JUDGMENT AND AWARD DATED 20.01.2016 PASSED BY THE COURT
OF PRL. SENIOR CIVIL JUDGE, GOKAK, IN MVC NO.646/2013 BY
ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND
EQUITY.
IN MFA.NO.100819/2016:
BETWEEN:
THE ORIENTAL INSURANCE COMPANY LIMITED,
UTTAM PRAKASH THEATER COMPLEX,
TILAK ROAD, ICHALAKARANJI
MAHARASHTRA-416115,
(INSURER OF MOTOR VEHICLE NO.MH-20/AY-2567),
REP. BY ITS DEPUTY MANAGER,
ORIENTAL INSURANCE COMPANY LIMITED,
REGIONAL OFFICE SUMNGALA COMPLEX
LAMINGTON ROAD, HUBBALLI.
...APPELLANT
(BY SRI G. N. RAICHUR, ADVOCATE)
AND:
1. MALLAPPA S/O. RAMAPPA MAGADUM,
AGE: 45 YEARS,
OCC: AGRICULTURE, NOW NIL,
R/O: NIRWANATTI, TQ: HUKKERI,
DIST: BELAGAVI,
NOW RESIDING AT GURUWARPETH GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
2. SRI GAJANAN S/O. MUTTAPA SURAPALLI,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: LINGANOOR, TQ AND DIST: SANGLI,
- 14 -
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
(MAHARASTRA),
(OWNER OF VEHICLE NO.MH-10/C-5692).
3. UNITED INDIA INSURANCE COMPANY LIMITED,
DIVISIONAL OFFICE 290, SAMRAT MANSION,
VAKHARBAG SANGLI
TALUK AND DIST SANGALI,
(INSURER OF VEHICLE NO.MH-10/C-5692)
4. SRI PAWANKUMAR S/O. SHAMU UPADHYE,
AGE: MAJOR, OCC: BUSINESS,
R/O: KARAMAD,
TQ AND DIST: AURANGABAD-431 212,
(OWNER OF VEHICLE NO.MH-20/AY-2567).
...RESPONDENTS
(BY SRI RAJASHEKHAR S. ARANI, ADVOCATE FOR R3;
R2 AND R4 - SERVICE OF NOTICE HELD SUFFICIENT;
R1 - NOTICE SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL
FOR THE RECORDS AND HEAR THE PARTIES AND SET ASIDE THE
JUDGMENT AND AWARD DATED 20.01.2016 PASSED BY THE COURT
OF PRL. SENIOR CIVIL JUDGE, GOKAK, IN MVC NO.645/2013 BY
ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND
EQUITY.
IN MFA.NO.100820/2016:
BETWEEN:
THE ORIENTAL INSURANCE COMPANY LIMITED,
UTTAM PRAKASH THEATER COMPLEX,
- 15 -
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
TILAK ROAD, ICHALAKARANJI,
MAHARASHTRA-416115,
(INSURER OF MOTOR VEHICLE NO.MH-20/AY-2567),
REP. BY ITS DEPUTY MANAGER,
ORIENTAL INSURANCE COMPANY LIMITED,
REGIONAL OFFICE SUMNGALA COMPLEX
LAMINGTON ROAD, HUBBALLI.
...APPELLANT
(BY SRI G. N. RAICHUR, ADVOCATE)
AND:
1. SMT RAJASHRI W/O. SATTEPPA MAGADUM,
AGE: 35 YEARS, OCC: AGRICULTURE AND
ANIMAL HUSBANDRY, NOW NIL,
R/O: NIRWANATI, TQ: HUKKERI,
DIST: BELAGAVI,
NOW RESIDING AT SHIVAPUR VILLAGE,
TQ: GOKAK, DIST: BEALAGAVI.
2. SRI GAJANAN S/O. MUTTAPA SURAPALLI,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: LINGANOOR, TQ AND DIST: SANGALI,
(MAHARASTRA),
(OWNER OF VEHICLE NO.MH-10/C-5692).
3. UNITED INDIA INSURANCE COMPANY LIMITED,
DIVISIONAL OFFICE 290, SAMRAT MANSION,
VAKHARBAG SANGLI
TALUK AND DIST SANGALI,
(INSURER OF VEHICLE NO.MH-10/C-5692)
4. SRI PAWANKUMAR S/O. SHAMU UPADHYE,
AGE: MAJOR, OCC: BUSINESS,
R/O: KARAMAD,
- 16 -
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
TQ AND DIST: AURANGABAD-431 212,
(OWNER OF VEHICLE NO.MH-20/AY-2567).
...RESPONDENTS
(BY SRI RAJASHEKHAR S. ARANI, ADVOCATE FOR R3;
R2 AND R4 - SERVICE OF NOTICE HELD SUFFICIENT;
R1 - NOTICE SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL
FOR THE RECORDS AND HEAR THE PARTIES AND SET ASIDE THE
JUDGMENT AND AWARD DATED 20.01.2016 PASSED BY THE COURT
OF PRL. SENIOR CIVIL JUDGE, GOKAK, IN MVC NO.648/2013 BY
ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND
EQUITY.
IN MFA CROB NO.100011/2017:
BETWEEN:
SMT. GANGAWWA S/O. RAMAPPA MAGADUM,
AGE: 58 YEARS, OCC: AGRICULTURE AND
ANUMAL HUSBANDARY (NOW NIL),
R/O: NIRWANATTI, TQ; HUKKERI,
DIST: BELAGAVI,
NOW RESIDING AT GURUWARPETH, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
...CROSS OBJECTOR
(BY SRI G. I. GACHCHINAMATH, ADVOCATE)
AND:
1. SRI GAJANAN S/O. MUTTAPA SURAPALLI,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: LINGANOOR, TQ AND DIST: SANGLI,
- 17 -
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
(MAHARASTRA-416416),
(OWNER OF VEHICLE NO.MH-10/C-5692).
2. THE UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE 290, SAMRAT MANSION,
VAKHARBAG SANGLI
TQ AND DIST: SANGLI-416 416,
(INSURER OF VEHICLE NO.MH-10/C-5692)
3. SRI PAWANKUMAR S/O. SHAMU UPADHYE,
AGE: MAJOR, OCC: BUSINESS,
R/O: KARAMAD,
TQ AND DIST: AURANGABAD-431 212,
(OWNER OF VEHICLE NO.MH-20/AY-2567).
4. THE ORIENTAL INSURANCE CO. LTD.,
UTTAM PRAKASH THEATER COMPLEX
TILAK ROAD, ICHALAKARANJI
MAHARASHTRA-416115,
(INSURER OF MOTOR VEHICLE NO.MH-20/AY-2567),
...RESPONDENTS
(BY SRI RAJASHEKHAR S. ARANI, ADVOCATE FOR R2;
SRI G.N.RAICHUR, ADVOCATE FOR R4)
THIS CROSS OBJECTION IN MFA NO.100813/2016 IS FILED
UNDER ORDER 41 RULE 22 OF THE CODE OF CIVIL PROCEDURE,
PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD
DATED 20.01.2016 MADE IN MVC NO.640/2013 PASSED BY THE
PRINCIPAL SENIOR CIVIL JUDGE, GOKAK AND FURTHER THE
COMPENSATION MAY KINDLY BE AWARDED AS PRAYED FOR IN THE
CLAIM PETITION.
- 18 -
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
IN MFA CROB NO.100034/2017:
BETWEEN:
SMT. RAJASHRI W/O. SATTEPPA MAGADUM,
AGE: 34 YEARS, OCC: AGRICULTURE AND
ANIMAL HUSBANDRY, NOW NIL,
R/O: NIRWANATTI, TQ; HUKKERI,
DIST: BELAGAVI,
NOW RESIDING AT GURUWAR PETH GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
...CROSS OBJECTOR
(BY SRI G. I. GACHCHINAMATH, ADVOCATE)
AND:
1. SHRI GAJANAN S/O. MUTTAPA SURAPALLI,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: LINGANOOR, TQ AND DIST: SANGLI,
(MAHARASTRA-416416),
(OWNER OF VEHICLE NO.MH-10/C-5692).
2. THE UNITED INDIA INSURANCE COMPANY LTD.,
DIVISIONAL OFFICE 290, SAMRAT MANSION,
VAKHARBAG SANGLI
TQ AND DIST: SANGLI-416 416,
(INSURER OF VEHICLE NO.MH-10/C-5692).
3. SRI PAWANKUMAR S/O. SHAMU UPADHYE,
AGE: 49 YEARS, OCC: BUSINESS,
R/O: KARAMAD,
TQ AND DIST: AURANGABAD-431 212,
(OWNER OF VEHICLE NO.MH-20/AY-2567).
4. THE ORIENTAL INSURANCE COMPANY LTD.,
UTTAM PRAKASH THEATER COMPLEX
- 19 -
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
TILAK ROAD, ICHALAKARANJI
MAHARASHTRA-416115,
(INSURER OF MOTOR VEHICLE NO.MH-20/AY-2567).
...RESPONDENTS
(BY SMT. PREETI SHASHANK, ADVOCATE FOR R2;
SRI G.N.RAICHUR, ADVOCATE FOR R4)
THIS CROSS OBJECTION IN MFA NO.100820/2016 IS FILED
UNDER ORDER 41 RULE 22 OF THE CODE OF CIVIL PROCEDURE,
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
20.01.2016 MADE IN MVC NO.648/2013 PASSED BY THE PRINCIPAL
SENIOR CIVIL JUDGE, GOKAK AND FURTHER THE COMPENSATION
MAY KINDLY BE ENHANCED AS PRAYED FOR IN THE CLAIM
PETITION.
IN MFA CROB NO.100035/2017:
BETWEEN:
MALLAPPA S/O RAMAPPA MAGADUM,
AGE: 44 YEARS, OCC: AGRICULTURE, NOW NIL,
R/O: NIRWANATTI, TQ: HUKKERI,
DIST: BELAGAVI,
NOW RESIDING AT GURUWAR PETH GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
...CROSS OBJECTOR
(BY SRI G. I. GACHCHINAMATH, ADVOCATE)
AND:
1. SHRI GAJANAN S/O. MUTTAPA SURAPALLI,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: LINGANOOR, TQ AND DIST: SANGLI,
- 20 -
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
(MAHARASTRA-416416),
(OWNER OF VEHICLE NO.MH-10/C-5692).
2. THE UNITED INDIA INSURANCE COMPANY LTD.,
DIVISIONAL OFFICE 290, SAMRAT MANSION,
VAKHARBAG SANGLI
TQ AND DIST: SANGLI-416 416,
INSURER OF VEHICLE NO.MH-10/C-5692
3. SRI PAWANKUMAR S/O. SHAMU UPADHYE,
AGE: 49 YEARS, OCC: BUSINESS,
R/O: KARAMAD,
TQ AND DIST: AURANGABAD-431 212,
(OWNER OF VEHICLE NO.MH-20/AY-2567).
4. THE ORIENTAL INSURANCE COMPANY LTD.,
UTTAM PRAKASH THEATER COMPLEX
TILAK ROAD, ICHALAKARANJI
MAHARASHTRA-416115,
(INSURER OF MOTOR VEHICLE NO.MH-20/AY-2567).
...RESPONDENTS
(BY SRI RAJASHEKHAR S. ARANI, ADVOCATE FOR R2;
SRI G.N.RAICHUR, ADVOCATE FOR R4)
THIS CROSS OBJECTION IN MFA NO.100812/2016 IS FILED
UNDER ORDER 41 RULE 22 OF THE CODE OF CIVIL PROCEDURE,
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
20.01.2016 MADE IN MVC NO.639/2013 PASSED BY THE PRINCIPAL
SENIOR CIVIL JUDGE, GOKAK AND FURTHER THE COMPENSATION
MAY KINDLY BE ENHANCED AS PRAYED FOR IN THE CLAIM
PETITION.
THESE APPEALS AND CROSS OBJECTIONS COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
- 21 -
NC: 2023:KHC-D:11491
MFA No. 100812 of 2016
C/W MFA No. 100813 of 2016
MFA No. 100814 of 2016
MFA No. 100815 of 2016
MFA No. 100816 of 2016
MFA No. 100817 of 2016
MFA No. 100818 of 2016
MFA No. 100819 of 2016
MFA No. 100820 of 2016
MFA.CROB No. 100011 of 2017
MFA.CROB No. 100034 of 2017
MFA.CROB No. 100035 of 2017
JUDGMENT
The appeals in MFA Nos.100812, 100813, 100814, 100815, 100816, 100817, 100818, 100819, 100820 of 2016 are filed by the Oriental Insurance Company Limited who is insurer of tempo traveler No.MH-20/AY-2567, challenging the judgment and awards dated 20.01.2016, passed by the tribunal, in MVC No.639, 640 to 646 and 648 of 2013, questioning the liability fastened on it to pay compensation. Whereas, MFA CROB Nos.100011, 100034 and 100035 of 2017 are filed by the claimants seeking enhancement of compensation.
2. Brief facts of the case. It is the case of the claimants as set out in the claim petitions that on 21.02.2013 the claimants were returning from Savadatti Yallamma Jatra in a bullock cart to their village and while
- 22 -
NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017 they were proceeding to Gokak and when they came near Nandikatti village, the driver of Tempo Traveller No.MH-
10/C-5692 which was towing another Tempo Traveller No.MH-20/AY-2567 came from behind the bullock cart and dashed the bullock cart in which the claimants were traveling and the claimants have sustained injuries.
Therefore, the claimants being traveling in the bullock cart have filed the claim petitions. The tribunal while awarding compensation held that the owners and insurers of both the tempo travelers are equally responsible for payment of compensation. Hence ordered respondents No.1 to 4 owners and insurers are jointly and severally liable to pay compensation.
3. Heard the arguments and perused the records.
- 23 -
NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017
4. The appeals are filed by the insurance company who is insurer of Tempo Traveller No.MH-20/AY-2567 contending that this Tempo Traveller was being towed, and hence has not caused the accident. But holding 50% rashness and negligence on the part of the Tempo Traveller No.MH-20/AY-2567 is not correct. Therefore, prays for modification of the judgment and award by fastening the entire rashness and negligence on the part of Tempo Traveller No.MH-10/C-5692.
5. On the other hand, the learned counsel for insurer of Tempo Traveller No.MH-10/C-5692 justified the judgment and award, hence prays to dismiss the appeals.
6. The learned counsel for claimants prays for enhancement of compensation.
- 24 -
NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017
7. In the present case the undisputed facts are that the Tempo Traveller No.MH-20/AY-2567 became static due to repair and therefore it was being towed by another Tempo Traveller No.MH-10/C-5692 and while towing the tempo traveller, the Tempo Traveller No.MH-
10/C-5692 dashed to the bullock cart, in which claimants were travelling. The tribunal held the owners and insurers of both Tempo travelers equally responsible for the accident. Regulation 20 of the Rules of the Road Regulations, 1989, stipulates as follows:
"20. Towing (1) No vehicle other than a mechanically disabled motor vehicle or incompletely assembled motor vehicle, a registered trailer or a side car, shall be drawn or towed by any motor vehicle, except for purposes of delivery and to the nearest filling station or garage.
(2) No motor vehicle shall be drawn or towed by any other motor vehicle unless there
- 25 -
NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017 is in the driver's seat of the motor vehicle being drawn or towed a person holding a licence authorising him to drive the vehicle or unless the steering wheel of the motor vehicle being towed, is firmly and securely supported clear of the road surface by some crane or other device on the vehicle which is drawing or towing it.
(3) When a motor vehicle is being towed by another motor vehicle the clear distance between the rear of the front vehicle and the front of the rear vehicle shall at no time exceed five metres. The two ropes, or chains shall be of a type easily distinguishable by other road users and there shall be clearly displayed on the rear of the vehicle being towed in black letters not less than seventy-five millimetres high and on a white background the words 'On Tow'.
(4) No motor vehicle when towing another vehicle other than a trailer or side car shall be driven at a speed exceeding twenty- four kilometres per hour."
8. As per this Regulation, mechanically disabled motor vehicle cannot be towed by any other vehicle except the vehicle meant for towing the vehicles. Here in the
- 26 -
NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017 present case, the Tempo Traveller No.MH-10/C-5692 was not meant for towing any vehicles. This vehicle is meant for carrying passengers. Therefore the owner and driver of Tempo Traveller No.MH-10/C-5692 have committed error in consenting to tow the mechanically disabled Tempo Traveller No.MH-20/AY-2567 and also at the same time the owner and driver of Tempo Traveller No.MH-20/AY-2567 have also consented to get towing by the other Tempo Traveller which is not meant for towing the vehicles. Therefore there is violation of Regulation 20 of the above said Regulations. Hence both are equally liable for their rashness and negligence. In this regard the tribunal has held drivers of both Tempo Travellers have contributed their rashness and negligence at the ratio of 50:50 in causing the accident.
- 27 -
NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017
9. But Tempo Traveller No.MH-20/AY-2567 was under repair and was being towed. This vehicle was not running on its own but being towed by Tempo Traveller No.MH-10/C-5692. The driver of Tempo Traveller No.MH-10/C-5692 was driving the Tempo Traveller and caused the accident to the bullock cart. Therefore the driver of Tempo Traveller No.MH-10/C-5692 is completely rash and negligent in driving the said Tempo Traveller and caused the accident. Therefore the Tempo Traveller No.MH-20/AY-2567 was static but was being moved by with the help of another towing vehicle. Therefore, the driver of Tempo Traveller No.MH-20/AY-2567 cannot be held rash and negligent in driving the said Tempo Traveller. Therefore holding the driver of Tempo Traveller No.MH-20/AY-2567 is also rash and negligent cannot be
- 28 -
NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017 accepted. In this regard the tribunal has committed error in fastening rashness and negligence on both the vehicles.
10. The Tempo Traveller No.MH-10/C-5692 has caused the accident. Therefore the driver of Tempo Traveller No.MH-10/C-5692 is completely rash and negligent. Accordingly the judgment and award is liable to be modified holding that the driver of Tempo Traveller No.MH-10/C-5692 was completely rash and negligent in causing the accident. Therefore, the appellant insurer of Tempo Traveller No.MH-20/AY-2567 is exonerated from paying compensation.
MFA CROB No.100011/2017 (MVC No.640/2013).
11. In the present case the claimant has sustained the following injuries.
- 29 -
NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017
i) Severe pain neck, unable to move it tenderness present;
ii) Swelling Lt. ankle tenderness present;
iii) Abrasion Rt. Shoulder bleeding.
X-ray cervical spine (1) fracture C5 spine. (2) Cervical spine sublunation of vertebra C5 on C6 C7. X-ray Lt. ankle - fracture lateral mallulous Lt. ankle.
12. The claimant was doing agriculture and animal husbandry. The doctor has stated that the claimant suffered 20% disability to the cenical spine and 10% towards left lower limb. Considering the nature of injuries and the claimant being agriculturist and age of the claimant as he was aged 65 years old at the time of accident, the tribunal is correct in taking the disability of 10% to the whole body. The accident was caused in the year 2013. Considering the age of the claimant,
- 30 -
NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017 appropriate applicable multiplier is 5. For the accident year 2013, notional income would be Rs.7,000/- per month in the absence of proof of income, as recognized by the Karnataka State Legal Service Authority. Hence loss of earning capacity due to disability is hereby re-assessed and quantified as Rs.42,000/- (Rs.7,000 x 10% x 12 x 5).
13. Further, Rs.40,000/- towards injuries pain and suffering, Rs.8,000/- towards incidental charges like food, nourishment, attendant charges, conveyance, etc., Rs.14,000/- towards loss of income during laid up and treatment period for a period of two months and Rs.30,000/- towards loss of amenities is awarded. Further, Rs.14,800/- awarded by the tribunal towards medical expenses and hospital charges is kept intact as it is based on actual bills and receipts.
- 31 -
NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017
14. Thus, the claimant is entitled for total compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 40,000
suffering.
2. Towards medical expenses. 14,800
3. Towards loss of amenities. 30,000
4. Towards loss of income during 14,000
laid up period and medical
treatment period.
5. Towards incidental charges like 8,000
attendant charges, food,
nourishment, conveyance, etc.,.
6. Towards loss of future earning 42,000 capacity.
Total: 1,48,800
15. Therefore, the claimant is entitled for total compensation of Rs.1,48,800/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.88,900/- awarded by the Tribunal. The respondent No.2 United India Insurance
- 32 -
NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017 Company Ltd., insurer of Tempo Traveller No.MH-10/C-5692 is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.
MFA CROB No.100034/2017 (MVC No.648/2013).
16. In the present case the claimant has sustained the following injuries.
i) Swelling Rt. wrist movements limited.
ii) Abrasion Lt. knee deep bleeding.
iii) Swelling of left knee mart.
iv) Contusion light chest.
X-ray: Rt. Wrist 1) fracture lower and radius Rt. 2) Radioulnar sublunation.
17. The claimant was doing agriculture and animal husbandry. The doctor has stated that the claimant
- 33 -
NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017 suffered 25% disability. Considering the nature of injuries and the claimant being agriculturist, it can be taken as 8% as functional disability. The claimant was aged 32 years old at the time of accident. Considering the age of the claimant, appropriate applicable multiplier is 16. The accident was caused in the year 2013. For the accident year 2013, notional income would be Rs.7,000/- per month in the absence of proof of income, as recognized by the Karnataka State Legal Service Authority. Hence loss of earning capacity due to disability is hereby assessed and quantified as Rs.1,07,520/- (Rs.7,000 x 8% x 12 x 16).
18. Further, Rs.40,000/- towards injuries pain and suffering, Rs.8,000/- towards incidental charges like food, nourishment, attendant charges, conveyance, etc., Rs.14,000/- towards loss of income during laid up and
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NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017 treatment period for a period of two months and Rs.30,000/- towards loss of amenities is awarded. Further, Rs.13,700/- awarded by the tribunal towards medical expenses and hospital charges is kept intact as it is based on actual bills and receipts.
19. Thus, the claimant is entitled for total compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 40,000
suffering.
2. Towards medical expenses. 13,700
3. Towards loss of amenities. 30,000
4. Towards loss of income during 14,000
laid up period and medical
treatment period.
5. Towards incidental charges like 8,000
attendant charges, food,
nourishment, conveyance, etc.,.
6. Towards loss of future earning 1,07,520 capacity.
Total: 2,13,220
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NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017
20. Therefore, the claimant is entitled for total compensation of Rs.2,13,220/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.74,800/- awarded by the Tribunal. The respondent No.2 United India Insurance Company Ltd., insurer of Tempo Traveller No.MH-10/C-5692 is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.
MFA CROB No.100035/2017 (MVC No.639/2013).
21. In the present case the claimant has sustained the following injuries.
i) Swelling Rt knee and upper 1/3rd leg tense, tender, movements Rt knee limited.
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NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017
ii) Swelling Rt ankle movements limited tenderness present.
iii) Abrasions deep Rt leg x-ray Rt X-ray Rt knee fracture upper and tibia X-ray Rt ankle - fracture Talus Rt.
22. The claimant was an agriculturist. The doctor has stated that the claimant suffered 40% disability. There is no evidence by the doctor with regard to functional disability or assessment made by the tribunal as to how much percentage of disability sustained by the claimant.
Therefore, considering the nature of injuries and the claimant being agriculturist, it can be taken as 15% as functional disability. The claimant was aged 42 years old at the time of accident. Considering the age of the claimant, appropriate applicable multiplier is 14. The accident was caused in the year 2013. For the accident
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NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017 year 2013, notional income would be Rs.7,000/- per month in the absence of proof of income, as recognized by the Karnataka State Legal Service Authority. Hence loss of earning capacity due to disability is hereby assessed and quantified as Rs.1,76,400/- (Rs.7,000 x 15% x 12 x 14).
23. Further Rs.50,000/- towards pain and suffering, Rs.8,000/- towards incidental charges like food, nourishment, attendant charges, conveyance, etc., Rs.21,000/- towards loss of income during laid up and treatment period for a period of three months and Rs.35,000/- towards loss of amenities is awarded. Further, Rs.25,500/- awarded by the tribunal towards medical expenses and hospital charges is kept intact as it is based on actual bills and receipts.
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NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017
24. Thus, the claimant is entitled for total compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 50,000
suffering.
2. Towards medical expenses. 25,500
3. Towards loss of amenities. 35,000
4. Towards loss of income during 21,000
laid up period and medical
treatment period.
5. Towards incidental charges like 8,000
attendant charges, food,
nourishment, conveyance, etc.,.
6. Towards loss of future earning 1,76,400 capacity.
Total: 3,15,900
25. Therefore, the claimant is entitled for total compensation of Rs.3,15,900/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,08,500/- awarded by the Tribunal. The respondent No.2 United India Insurance
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NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017 Company Ltd., insurer of Tempo Traveller No.MH-10/C-5692 is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.
26. The tribunal has awarded interest at the rate of 9% p.a. The same is scaled down to 6% p.a.
27. In the result, I proceed to pass the following:
ORDER
i) The appeals in MFA Nos.100812, 100813, 100814, 100815, 100816, 100817, 100818, 100819, 100820 of 2016 filed by the Oriental Insurance Company Limited who is insurer of tempo traveler No.MH-20/AY-2567 are allowed.
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NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017
ii) The cross objections in MFA CROB Nos.100011, 100034 and 100035 of 2017 filed by the claimants are allowed in part.
iii) The judgment and awards dated 20.01.2016, passed by the Prl. Senior Civil Judge, Gokak, in MVC No.639, 640 to 646 and 648 of 2013, stand modified.
iv) The claimant in MFA CROB No.100011/2017 (MVC No.640/2013) is entitled for total compensation of Rs.1,48,800/-, along with interest at the rate of 6% p.a. from the date of petition till realization, as against what has been awarded by the tribunal.
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NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017
v) The claimant in MFA CROB No.100034/2017 (MVC No.648/2013) is entitled for total compensation of Rs.2,13,220/-, along with interest at the rate of 6% p.a. from the date of petition till realization, as against what has been awarded by the tribunal.
vi) The claimant in MFA CROB No.100035/2017 (MVC No.639/2013) is entitled for total compensation of Rs.3,15,900/-, along with interest at the rate of 6% p.a. from the date of petition till realization, as against what has been awarded by the tribunal.
vii) The claimants in these cross objections are not entitled for interest for the
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NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017 delayed period of 197, 250 and 250 days, respectively, in filing the cross objections.
viii) The appellant Oriental Insurance Company Limited who is insurer of tempo traveller No.MH-20/AY-2567 is exonerated from liability to pay the compensation.
ix) The amount in deposit made by the appellant Oriental Insurance Company Limited shall be refunded to it.
x) The respondent No.2 United India Insurance Company Ltd., insurer of Tempo Traveller No.MH-10/C-5692 shall deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.
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NC: 2023:KHC-D:11491 MFA No. 100812 of 2016 C/W MFA No. 100813 of 2016 MFA No. 100814 of 2016 MFA No. 100815 of 2016 MFA No. 100816 of 2016 MFA No. 100817 of 2016 MFA No. 100818 of 2016 MFA No. 100819 of 2016 MFA No. 100820 of 2016 MFA.CROB No. 100011 of 2017 MFA.CROB No. 100034 of 2017 MFA.CROB No. 100035 of 2017
xi) Send back the trial Court records along with a copy of this judgment.
xii) No order as to costs.
xiii) Draw award accordingly.
SD/-
JUDGE MRK List No.: 2 Sl No.: 37 CT-ASC