Karnataka High Court
Reliance General Insurance Company ... vs Lakshmamma on 8 November, 2022
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER 2022
BEFORE
THE HON'BLE MR.JUSTICE H.T.NARENDRA PRASAD
MFA No.8377 OF 2010(MV)
BETWEEN:
Reliance General Insurance
Company Limited,
3rd Block, Jayanagar,
Bangalore-11,
Now at No.28, 5th Floor,
East wing, Centenary Building,
M.G.Road, Bangalore-560 001,
By its Deputy Manager. ... Appellant
(By Sri.H.S.Lingaraj, Advocate )
AND:
1. Lakshmamma,
Aged about 46 years,
W/o Late M. Shankarappa,
R/o Araleri Village & Post,
Kasaba Hobli, Malur Taluk,
Kolar District.
2. C.N. Nagaraja Reddy,
Major,
S/o Narayanappa,
No.86, Gayathri Layout,
2nd Phase, Basavapura Main Road,
Virgonagar Post,
Bangalore-560 049. ... Respondents
2
(By Sri.N.Gopal Krishna, Advocate for R1;
Sri. B.Pramod, Advocate for R2)
This MFA is filed under Section 173(1) of MV Act, against
the Judgment and Award dated:25.05.2010 passed in MVC
No.3668/2009 on the file of the XVI Additional Judge, MACT,
Bangalore, awarding a Compensation of Rs.9,06,000/- with
Interest @ 6% p.a. from the date of petition till realization.
This MFA, coming on for hearing, this day, this Court,
delivered the following:
JUDGMENT
This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the Insurance Company being aggrieved by the judgment dated 25.05.2010 passed by the Motor Accident Claims Tribunal, Bangalore City (SCCH-14) in MVC No.3668/2009.
2. Facts giving rise to the filing of the appeal briefly stated are that on 04.05.2009 at about 9.15 p.m. the deceased Babu was proceeding on motorcycle bearing registration No.CTP-3215 from his village to Malur Town. When he reached near railway level crossing, at that time, 3 a JCB bearing registration No.KA-53/M-4829 which was being driven in a rash and negligent manner, came from opposite side and dashed against the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries after four days.
3. The claimants filed a petition under Section 166 of the Act seeking compensation for the death of the deceased along with interest.
4. On service of summons, the respondent Nos.1 and 2 appeared through counsel and filed written statements in which the averments made in the petition were denied. The age, occupation and income of the deceased are denied. It was pleaded that the petition itself is false and frivolous in the eye of law. It was further pleaded that the accident was due to the rash and negligent riding of the motorcycle by the deceased himself. It was further pleaded that the liability is subject to terms and 4 conditions of the policy. It was further pleaded that the quantum of compensation claimed by the claimants is exorbitant. Hence, they sought for dismissal of the petition.
5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant, in order to prove her case, examined claimant No.1 as PW-1 and another witness as PW-2 and got exhibited documents namely Ex.P1 to Ex.P13. On behalf of respondents, neither any witness was examined nor got exhibited documents. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the JCB bearing registration No.KA-53/M-4829 by its driver, as a result of which, the deceased sustained injuries and succumbed to the injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.9,06,000/- along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the 5 compensation amount along with interest. Being aggrieved, this appeal has been filed.
6. Sri H.S.Lingaraj, the learned counsel for the Insurance Company has raised the following contentions:
Firstly, the JCB bearing registration No.KA-53/M-4829 was not involved in the accident. To make a false claim the claimant has implicated this vehicle. Immediately after the accident, as per Ex.P1 one A.G.Manjunth has lodged a complaint on 05.05.2009 at about 5.30 p.m. showing the offending vehicle as JCB bearing registration No.KA-53/M- 4268. Even in all subsequent documents, i.e., Ex.P3 - mahazar and Ex.P6 - inquest report the vehicle number has been mentioned as JCB bearing registration No.KA-53/M- 4268. The police have not given any proper explanation as to how the JCB bearing registration No.KA-53/M-4829 was involved in the accident. No material has been placed before the Tribunal to show that JCB bearing registration No.KA-53/M-4829 was involved in the accident. 6
Secondly, even in the charge sheet - Ex.P2 it is stated that the JCB bearing registration No.KA-53/M-4829 was parked on the left side of the road and the deceased was riding the motorcycle on the right side of the road and dashed against the JCB bearing registration No.KA-53/M- 4829. Due to the impact, he fell down and sustained injuries and succumbed to the injuries. The charge sheet has been filed against the driver of the offending vehicle who has been made as accused. Therefore, there is inconsistency in the documents produced by the police. The Tribunal only on the basis of the charge sheet has come to the conclusion that the offending vehicle was involved in the accident and answered issue No.1 in the affirmative. The finding given by the Tribunal is contrary to the materials available on record. In support of his contentions, he has relied on the judgment of the Hon'ble Apex Court in the case of ORIENTAL INSURANE COMPANY LIMITED vs. PREMALATA SHUKLA & ORS. 7 reported in 2007 ACJ 1928 and of this Court in the case of BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED reported in ILR 2009 Kar.2921 and VEERAPPA AND ANOTHER vs. SIDDAPPA AND ANOTHER reported in ILR 2009 Kar.3562. Hence, he sought for allowing the appeal.
7. On the other hand, Sri N.Gopala Krishna, the learned counsel for the claimant has raised the following counter-contentions:
Firstly, the accident occurred on 04.05.2009 due to rash and negligent driving of the driver of JCB bearing registration No.KA-53/M-4829. Immediately after the accident one A.G.Manjunath has lodged a complaint. In the complaint he has stated that the vehicle involved in the accident is JCB bearing registration No.KA-53/M-4268. Since he has not properly noticed the vehicle number, last three digits of the number has been wrongly mentioned in the complaint. The complainant who was an eyewitness has 8 categorically deposed before the Tribunal that the offending vehicle is JCB bearing registration No.KA-53/M-4829 and he wrongly mentioned the vehicle number in the complaint as JCB bearing registration No.KA-53/M-4268.
Thirdly, the owner of the offending vehicle has appeared before the Tribunal and filed written statement., He has not denied the involvement of his vehicle in the accident. In support of his contention, he relied on a document which he has produced along with a memo, i.e., 'B' extract issued by the Transport Department wherein the said vehicle number related to Maruthi Omni car bearing registration No.KA-03/M-4268 and this number does not relate to JCB vehicle.
Fourthly, immediately after the complaint has been lodged the police have requested the Transport Department to inspect the vehicle. As per the IMV report - Ex.P4, the vehicle number is mentioned as JCB bearing registration No.KA-53/M-4829. Therefore, the offending vehicle was 9 involved in the accident. The claimant has proved the same by examining herself as PW-1 and an eyewitness as PW-2 and produced FIR, charge sheet, mahazar, and IMV report. To disprove the same the respondents have neither examined any witnesses nor produced any documents. The Tribunal after considering the evidence of the parties has rightly allowed the claim petition. Hence, he sought for dismissal of the appeal.
8. Heard the learned counsel for the parties and perused the judgment and award and the original records.
9. The case of the claimant is that on 04.05.2009 at about 9.15 p.m. the deceased Babu was proceeding on motorcycle bearing registration No.CTP-3215 from his village to Malur Town. When he reached near railway level crossing, at that time, a JCB bearing registration No.KA- 53/M-4829 which was being driven in a rash and negligent manner, came from opposite side and dashed against the 10 deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries after four days.
Immediately after the accident on 05.05.2009 at about 5.30 p.m. one A.G.Manjunath - PW-2, an eyewitness and pillion rider has lodged a complaint stating that the JCB bearing registration No.KA-53/M-4268 was involved in the accident. On the basis of the complaint, after thorough investigation police have sent a request to the RTO for inspection of the vehicle as per Ex.P5 on 11.05.2009. The Motor Vehicle Inspector inspected the JCB bearing registration No.KA-03/M-4829 and submitted a report as per Ex.P4. The police have filed charge sheet against the driver of the offending vehicle, i.e., JCB bearing registration No.KA-03/M-4829. The claimant has been examined as PW-1. She has categorically stated that the accident has occurred due to rash and negligent driving of the driver of the JCB bearing registration No.KA-03/M-4829. The 11 claimant has also examined one A.G.Manjunath who is an eyewitness and complainant as PW-2. He has categorically stated that the accident has occurred due to rash and negligent driving of the driver of the JCB bearing registration No.KA-03/M-4829. Even though in the complaint the last three digits of the vehicle number is not correctly mentioned but the police after thorough investigation have held that the JCB bearing registration No.KA-03/M-4829 was involved in the accident. Even the owner of the JCB bearing registration No.KA-03/M-4829 appeared before the Tribunal and filed written statement wherein he has not denied the involvement of the JCB bearing registration No.KA-03/M-4829. Even in the written statement filed by the Insurance Company they have not taken a contention that the JCB bearing registration No.KA- 03/M-4829 was not involved in the accident and to make a false claim they have implicated the said vehicle. For the first time the Insurance Company has taken this contention 12 before this Court. It is very clear from the evidence of PW- 1 and PW-2 and FIR that the description of JCB is the same in all the evidence and prosecution papers. Only last three digits mentioned in the FIR differed which may be due to the mistake of the complainant who was also injured in the said accident and he must have been shocked due to friend's critical condition and severe injury. Even though in the argument, respondent - Insurance Company has taken the contention that the JCB bearing registration No.KA- 03/M-4829 was not involved in the accident, to substantiate the same they have neither examined any witnesses nor produced any documents.
Even the claimant has produced the 'B' extract issued by the Transport Department along with a memo which relates to Maruthi Omni Car bearing registration No. KA- 03/M-4268.
The Tribunal after considering the evidence of the parties and the materials available on record has rightly 13 held that the JCB bearing registration No.KA-03/M-4829 was involved in the accident and there is no error in the judgment and award passed by the Tribunal. Hence, I decline to interfere with the same.
Accordingly, appeal is dismissed.
The amount in deposit is ordered to be transferred to the Tribunal forthwith.
Sd/-
JUDGE Cm/-