Karnataka High Court
Yuamanavva vs Mothilal & Anr on 7 February, 2020
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF FEBRUARY 2020
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
MFA NO.200154/2018 (MV)
C/W
MFA NO.201615/2017 (MV)
MFA NO.201613/2017 (MV)
MFA NO.201614/2017 (MV)
MFA NO.201620/2017 (MV)
MFA NO.201622/2017 (MV)
MFA NO.201623/2017 (MV)
MFA NO.201624/2017 (MV)
MFA NO.201616/2017 (MV)
MFA NO.201611/2017 (MV)
MFA NO.201612/2017 (MV)
MFA NO.201617/2017 (MV)
MFA NO.201618/2017 (MV)
MFA NO.201619/2017 (MV)
MFA NO.201621/2017 (MV)
MFA NO.200158/2018 (MV)
MFA NO.200157/2018 (MV)
MFA NO.200156/2018 (MV)
MFA NO.200155/2018 (MV)
2
MFA NO.200152/2018 (MV)
MFA NO.200151/2018 (MV)
MFA NO.200154/2018:
BETWEEN:
Yamanavva W/o Durgappa
@ Yamanappa Madar, Age: 57 years,
Occ: Coolie & Agriculture,
R/o Nagaral S.P, Tq: Badami,
Dist: Bagalkot-587101.
... Appellant
(By Sri Shivashankar H. Manur, Advocate )
AND:
1. Mothilal S/o M. Arumugum,
Age: 47 years, Occ: Business &
Owner of the Truck No. TN-23/CA-2488.
R/o: No.35, Valayalkara Street, Saidapet,
Vellore-632012.
2. The Divisional Manager,
United India Insurance Co. Ltd.,
Sangam Building, S.S.Front Road,
Vijayapur-586101.
... Respondents
(Sri Manvendra Reddy, Advocate for R2;
Notice to R1 is dispensed with)
This Miscellaneous First Appeal is filed under Section
173 (1) of Motor Vehicles Act, 1988 praying to enhance
the compensation amount by suitably modifying the
judgment and award dated: 28.02.2017 passed by the IV
3
Addl. District Judge & Member, MACT-XIII, Vijayapur in
MVC No. 845/2016.
MFA NO.201615/2017
BETWEEN:
The Branch Manager,
United India Insurance Co. Ltd.,
1st Floor, Sangam Building,
S.S.Front Road, Vijayapura-586101
Represented by
Authorised Signatory.
... Appellant
(By Sri Manvendra Reddy, Advocate )
AND:
1. Yamanavva W/o Durgappa @
Yamanappa Madar, age: 56 years,
Occ: Coolie & Agriculture,
R/o Nagaral S.P., Tq: Badami,
Dist: Bagalkot-587101.
2. Mothilal A. S/o M. Arumugum,
Age: 41 years, Occ: Business,
R/o: Old No.15, New No.35,
Valayalkara Street, Saidapet,
Dist: Vellore, Tamil Nadu-632012.
... Respondents
(Sri Shivashankar H.Manur, Advocate for caveator R1;
V/O Dtd.7.2.2020 notice to R2 held sufficient)
This Miscellaneous First Appeal is filed under Section
173 (1) of Motor Vehicles Act, 1988 praying to set aside
the judgment and award dated: 28.02.2017 passed by the
4
Member, Motor Accident Claims Tribunal, Vijayapura in
MVC No. 845/2016 by allowing the appeal as prayed for.
MFA NO.201613/2017 (MV)
BETWEEN:
The Branch Manager,
United India Insurance Company. Ltd.,
1st Floor, Sangam Building,
S.S.Front Road, Vijayapura-586101
Represented by Authorised Signatory.
... Appellant
(By Sri Manvendra Reddy, Advocate)
AND:
1. Hanamavva W/o Balappa Halbar
Age: 49 years, Occ: Nil.
2. Yamanappa S/o Balappa Halbar,
Age: 31 years, Occ: Nil,
3. Basappa S/o Balappa Halbar,
Age: 29 years, Occ: Nil,
4. Bhairappa S/o Balappa Halbar
Age: 27 years, Occ: Nil,
5. Hanamappa S/o Balappa Halbar,
Age: 25 years, Occ: Nil,
All R/o Nagaral S.P., Tq: Badami,
Dist: Bagalkot-587101.
6. Mothilal A. S/o Arumugum,
Age: 41 years, Occ: Business,
R/o Old No. 15, New No. 35,
5
Valayalkara Street, Saidapet,
Dist: Vellore, Tamil Nadu-632012.
... Respondents
(By Sri. Shivshankar H Manur, Advocate for R1 R2 to R6
are sereved)
This Miscellaneous First Appeal is filed under Section
173 (1) of Motor Vehicles Act, 1988 praying to set aside
the judgment and award dated: 28.02.2017 passed by the
Member, Motor Accident Claims Tribunal, Vijayapura in
MVC No.842/2016 by allowing the appeal as prayed for.
MFA NO.201614/2017:
BETWEEN:
The Branch Manager,
United India Insurance Co. Ltd.,
1st Floor, Sangam Building,
S.S.Front Road, Vijaypura-586101,
Now represented by Authorised Signatory.
... Appellant
(By Sri Manvendra Reddy, Advocate)
AND:
1. Mallappa S/o Hanamappa Ganti,
Age: 23 years, Occ: Coolie & Agriculture,
R/o Sabbanagi, Tq, Badami,
Dist: Bagalkot-587101.
2. Mothilal A. S/o Arumugum,
Age: 41 years, Occ: Business,
The Truck No. TN-23/CA-2488.
R/o: Old No.15, New No.35,
6
Valayalkara Street, Saidapet,
Dist: Vellore, Tamil Nadu-632012.
... Respondents
(Sri Shivshankar H Manur, Advocate for R1
V/O Dtd. 7.2.2020 notice to R2 held sufficient)
This Miscellaneous First Appeal is filed under Section
173 (1) of Motor Vehicles Act, 1988 praying to set aside
the judgment and award dated: 28.02.2017 passed by the
Member, Motor Accident Claims Tribunal, Vijayapura in
MVC No.843/2016 by allowing the appeal as prayed for.
MFA NO.201620/2017:
BETWEEN:
The Branch Manager,
United India Insurance Co. Ltd.,
1st Floor, Sangam Building,
S.S.Front Road, Vijayapura-586101,
Represented by
Authorised Signatory.
... Appellant
(By Sri Manvendra Reddy, Advocate)
AND:
1. Devappa @ Dyavappa S/o Mangalappa
Kirasur @ Karasur, Age: 26 years,
Occ: Coolie & Agriculture,
R/o Nagaral S.P., Tq. Badami,
Dist: Bagalkot-587101.
2. Mothilal A. S/o M. Arumugum,
Age: 41 years, Occ: Business,
7
R/o: Old No.15, New No.35,
Valayalkara Street, Saidapet,
Dist: Vellore, Tamil Nadu-632012.
... Respondents
(Sri Shivashankar H. Manur, Advocate for caveator R1;
R2 is served)
This Miscellaneous First Appeal is filed under Section
173 (1) of Motor Vehicles Act, 1988 praying to set aside
the judgment and award dated: 28.02.2017 passed by the
Member, Motor Accident Claims Tribunal, Vijayapur in MVC
No. 850/2016 by allowing the appeal as prayed for.
MFA NO.201622/2017:
BETWEEN:
The Branch Manager,
United India Insurance Co. Ltd.,
1st Floor, Sangam Building,
S.S.Front Road, Vijayapura-586101,
Represented by
Authorized Signatory.
... Appellant
(By Sri Manvendra Reddy, Advocate)
AND:
1. Manjunath S/o Ramappa Walikar
Age: 23 years,
Occ: Coolie & Agriculture,
R/o Nagaral S.P., Tq. Badami,
Dist: Bagalkot-587101.
2. Mothilal A. S/o M. Arumugum,
Age: 41 years, Occ: Business,
8
R/o: Old No.15, New No.35,
Valayalkara Street, Saidapet,
Dist: Vellore, Tamil Nadu-632012.
... Respondents
(Sri Shivashankar H. Manur, Advocate for caveator R1;
V/O dated 7.2.2020, notice to R2 is held sufficient)
This Miscellaneous First Appeal is filed under Section
173 (1) of Motor Vehicles Act, 1988 praying to set aside
the judgment dated: 28.02.2017 passed by the Member,
Motor Accident Claims Tribunal, Vijayapura in MVC No.
852/2016 by allowing the appeal as prayed for.
MFA NO.201623/2017:
BETWEEN:
The Branch Manager,
United India Insurance Co. Ltd.,
1st Floor, Sangam Building,
S.S.Front Road, Vijayapura-586101,
Represented by
Authorized Signatory.
... Appellant
(By Sri Manvendra Reddy, Advocate)
AND:
1. Bhimappa S/o Kenchanppa Gudur,
Age: 61 years,
Occ: Coolie & Agriculture,
R/o Nagaral S.P., Tq. Badami,
Dist: Bagalkot-587101.
2. Mothilal A. S/o M. Arumugum,
Age: 41 years, Occ: Business,
9
R/o: Old No.15, New No.35,
Valayalkara Street, Saidapet,
Dist: Vellore, Tamil Nadu-632012.
... Respondents
(Sri Shivashankar H.Manur, Advocate for R1;
R2 is served)
This Miscellaneous First Appeal is filed under Section
173 (1) of Motor Vehicles Act, 1988 praying to set aside
the judgment and award dated: 28.02.2017 passed by the
Member, Motor Accident Claims Tribunal, Vijayapura in
MVC No. 853/2016 by allowing the appeal as prayed for.
MFA NO.201624/2017:
BETWEEN:
The Branch Manager,
United India Insurance Co. Ltd.,
1st Floor, Sangam Building,
S.S.Front Road, Vijayapura-586101,
Represented by
Authorized Signatory.
... Appellant
(By Sri Manvendra Reddy, Advocate)
AND:
1. Mallavva W/o Hanamappa Naratti
Age: 61 years, Occ: Coolie & Agriculture,
R/o Nagaral S.P., Tq: Badami,
Dist: Bagalkot-587101.
2. Mothilal A. S/o M. Arumugum,
Age: 41 years, Occ: Business,
R/o: Old No.15, New No.35,
10
Valayalkara Street, Saidapet,
Dist: Vellore, Tamil Nadu-632012.
... Respondents
(Sri Shivashankar H. Manur, Advocate for R1;
R2 is served)
This Miscellaneous First Appeal is filed under Section
173 (1) of Motor Vehicles Act, 1988 praying to set aside
the judgment and award dated: 28.02.2017 passed by the
Member, Motor Accident Claims Tribunal, Vijayapura in
MVC No.854/2016 by allowing the appeal as prayed for.
MFA No.201616/2017:
BETWEEN:
The Branch Manager,
United India Insurance Co. Ltd.,
1st Floor, Sangam Building,
S.S.Front Road, Vijayapura-586101,
Represented by
Authorized Signatory.
... Appellant
(By Sri Manvendra Reddy, Advocate)
AND:
1. Jalappa S/o Basappa Hiredyavappanaver,
Age: 33 years, Occ: Coolie & Agriculture,
R/o Nagaral S.P., Tq. Badami,
Dist: Bagalkot - 587 101.
2. Mothilal A. S/o Arumugum
Age: 41 years, Occ: Business,
R/o Old No.15, New No.35,
11
Valayalkara Street, Saidapet
Dist: Vellore, Tamil Nadu - 632012.
... Respondents
(V/O dated 7.2.2020, notice to R1 is held sufficint;
R2 is served)
This Miscellaneous First Appeal is filed under Section
173 (1) of the Motor Vehicles Act praying to call for the
records and set aside the judgment and award dated
28.02.2017 passed by the Member, Motor Accident Claims
Tribunal, Vijayapura in MVC No.846/2016 by allowing the
appeal as prayed for.
MFA NO.201611/2017 (MV)
BETWEEN:
The Branch Manager,
United India Insurance Co. Ltd.,
1st Floor, Sangam Building,
S.S.Front Road, Vijayapura-586101,
Represented by
Authorized Signatory.
... Appellant
(By Sri Manvendra Reddy, Advocate)
AND:
1. Ismailsab S/o Maktumsab Sikkali,
Age: 39 years, Occ: Driver,
R/o Guledagudda, Tq. Badami,
Dist: Bagalkot-587101.
2. Mothilal A. S/o M. Arumugum,
Age: 41 years, Occ: Business,
R/o: Old No.15, New No.35,
12
Valayalkara Street, Saidapet,
Dist: Vellore, Tamil Nadu-632012.
... Respondents
(Sri Biradar Veerangouda, Advocate for R1;
R2 is served)
This Miscellaneous First Appeal is filed under Section
173 (1) of Motor Vehicles Act, 1988 praying to set aside
the judgment and award dated: 28.02.2017 passed by the
Member, Motor Accident Claims Tribunal, Vijayapura in
MVC No. 787/2016 by allowing the appeal as prayed for.
MFA No.201612/2017:
BETWEEN:
The Branch Manager,
United India Insurance Co. Ltd.,
1st Floor, Sangam Building,
S.S. Front Road, Vijayapura-586101,
Now represented by
Authorized Signatory.
... Appellant
(By Sri Manvendra Reddy, Advocate)
AND:
1. Manjunath S/o Ashok Mani
Age: 30 years
Occ: Owner of Garage & Business,
R/o Guledgudda, Tq. Badami,
Dist. Bagalkot - 587 101.
2. Mothilal A. S/o Arumgum
Age: 41 years, Occ: Business
13
R/o Old No.15, New No.35,
Valayalkara Street, Saidapet,
Dist: Vellore, Tamil Nadu - 632012.
... Respondents
(Sri Biradar Veerangouda, Advocate for R1;
R2 is served)
This Miscellaneous First Appeal is filed under Section
173 (1) of the Motor Vehicles Act praying to call for the
records and set aside the judgment and award dated
28.02.2017 passed by the Member, Motor Accident Claims
Tribunal, Vijayapur in MVC No.788/2016 by allowing the
appeal as prayed for.
MFA No.201617/2017:
BETWEEN:
The Branch Manager,
United India Insurance Co. Ltd.,
1st Floor, Sangam Building,
S.S.Front Road, Vijayapura-586101,
Represented by
Authorized Signatory.
... Appellant
(By Sri Manvendra Reddy, Advocate)
AND:
1. Yallappa S/o Hanamappa Akkaragi,
Age: 41 years
Occ: Coolie & Agriculture,
R/o Nagaral S.P., Tq. Badami,
Dist. Bagalkot - 587 101.
2. Mothilal A. S/o Arumugum,
Age: 41 years, Occ: Business
14
R/o Old No.15, New No.35
Valayalkara Street, Saidapet
Dist: Vellore, Tamil Nadu - 632012.
... Respondents
(R1 is served;
V/O dated 7.2.2020, notice to R2 held sufficient)
This Miscellaneous First Appeal is filed under Section
173 (1) of the Motor Vehicles Act praying to call for the
records and set aside the judgment and award dated
28.02.2017 passed by the Member, Motor Accident Claims
Tribunal, Vijayapur in MVC No.847/2016 by allowing the
appeal as prayed for.
MFA No.201618/2017:
BETWEEN:
The Branch Manager
United India Insurance Co.Ltd.,
1st Floor, Sangam Building
S.S. Front Road,
Vijayapura - 586 101,
Represented by
Authorized Signatory.
... Appellant
(By Sri Manvendra Reddy, Advocate)
AND:
1. Sakkubai D/o Bhirappa Naratti,
Age: 19 years
Occ: Coolie
R/o Nagaral S.P. Tq. Badami
Dist. Bagalkot - 587 101.
15
2. Mothilal A S/o Arumugum
Age: 46 years, Occ: Business
R/o Old No.15, New No.35
Valayalkara Street, Saidapet
Dist: Vellore, Tamil Nadu - 632012.
... Respondents
(R1 & R2 are served)
This Miscellaneous First Appeal is filed under Section
173 (1) of the Motor Vehicles Act praying to call for the
records and set aside the judgment and award dated
28.02.2017 passed by the Member, Motor Accident Claims
Tribunal, Vijayapur in MVC No.848/2016 by allowing the
appeal as prayed for.
MFA No.201619/2017:
BETWEEN:
The Branch Manager
United India Insurance Co.Ltd.,
1st Floor, Sangam Building
S.S. Front Road
Vijayapura - 586 101
Represented by the
Authorized Signatory.
... Appellant
(By Sri Manvendra Reddy, Advocate)
AND:
1. Ningappa S/o Dyawappa Naratti
Age: 43 years
Occ: Coolie & Agriculture
R/o Nagaral S.P. Tq. Badami
Dist. Bagalkot - 587 101.
16
2. Mothilal A S/o Arumugum
Age: 41 years, Occ: Business
R/o Old No.15, New No.35,
Valayalkara Street, Saidapet
Dist: Vellore, Tamil Nadu - 632012
... Respondents
(R1 & R2 are served)
This Miscellaneous First Appeal is filed under Section
173 (1) of the Motor Vehicles Act praying to call for the
records and set aside the judgment and award dated
28.02.2017 passed by the Member, Motor Accident Claims
Tribunal, Vijayapur in MVC No.849/2016 by allowing the
appeal as prayed for.
MFA No.201621/2017:
BETWEEN:
The Branch Manager
United India Insurance Co.Ltd.,
1st Floor, Sangam Building
S.S. Front Road
Vijayapura - 586 101
Represented by
Authorized Signatory.
... Appellant
(By Sri Manvendra Reddy, Advocate)
AND:
1. Dyamawwa W/o Hanamappa Pujari
Age: 55 years Occ: Coolie
R/o Tuggaladoni, Tq. Kustagi,
Dist. Koppal-584 121.
17
2. Mothilal A S/o Arumugum
Age: 41 years, Occ: Business
R/o Old No.15, New No.35
Valayalkara Street, Saidapet
Dist: Vellore, Tamil Nadu - 632012
... Respondents
(R1 & R2 are served)
This Miscellaneous First Appeal is filed under Section
173 (1) of the Motor Vehicles Act praying to call for the
records and set aside the judgment and award dated
28.02.2017 passed by the Member, Motor Accident Claims
Tribunal, Vijayapur in MVC No.851/2016 by allowing the
appeal as prayed for.
MFA No.200158/2018:
BETWEEN:
Mallavva W/o Hanamappa Naratti
Age: 61 years, Occ: Coolie
R/o Nagral S.P.,
Tq. Badami, Dist. Bagalkot -587 101.
... Appellant
(By Sri Shivashankar H. Manur, Advocate)
AND:
1. Mothilal S/o Arumugum
Age: 47 years, Occ: Business & Owner of
The truck No.TN-23/CA-2488
R/o Old No.35
Valayalkara Street, Saidapet
Vellore - 632012.
18
2. The Divisional Manager
United India Insurance Co.Ltd.,
Sangam Building, S.S. Front Road,
Vijayapur - 586 101.
... Respondents
(Sri Manvendra Reddy, Advocate for R2;
Notice to R1 dispensed with)
This Miscellaneous First Appeal is filed under Section
173 (1) of the Motor Vehicles Act praying to enhance the
compensation amount by suitably modifying the judgment
and award dated 28.02.2017 passed by the IV Addl. Dist.
Judge and Member, MACT-XIII, Vijayapura in MVC
No.854/2016.
MFA No.200157/2018:
BETWEEN:
Bhimappa S/o Kenchappa Gudur
Age: 61 years, Occ: Coolie & Agriculture
R/o Nagral S.P.,
Tq. Badami, Dist. Bagalkot -587 101.
... Appellant
(By Sri Shivashankar H. Manur, Advocate)
AND:
1. Mothilal S/o Arumugum,
Age: 47 years, Occ: Business & Owner of
The truck No.TN-23/CA-2488,
R/o Old No.35,
Valayalkara Street, Saidapet,
Vellore - 632012.
2. The Divisional Manager,
United India Insurance Co.Ltd.,
19
Sangam Building, S.S. Front Road,
Vijayapur - 586 101.
... Respondents
(Sri Manvendra Reddy, Advocate for R2;
Notice to R1 dispensed with)
This Miscellaneous First Appeal is filed under Section
173 (1) of the Motor Vehicles Act praying to enhance the
compensation amount by suitably modifying the judgment
and award dated 28.02.2017 passed by the IV Addl. Dist.
Judge and Member MACT-XIII Vijayapura in MVC
No.853/2016.
MFA No.200156/2018:
BETWEEN:
Manjunath S/o Ramappa Walikar
Age: 24 years, Occ: Coolie & Agriculture
R/o Nagral S.P.,
Tq. Badami, Dist. Bagalkot -587 101.
... Appellant
(By Sri Shivashankar H. Manur, Advocate)
AND:
1. Mothilal S/o Arumugum,
Age: 47 years, Occ: Business & Owner of
The truck No.TN-23/CA-2488,
R/o Old No.35,
Valayalkara Street, Saidapet,
Vellore - 632012
2. The Divisional Manager,
United India Insurance Co.Ltd.,
Sangam Building,
20
S.S. Front Road,
Vijayapur - 586 101.
... Respondents
(Sri Manvendra Reddy, Advocate for R2;
Notice to R1 dispensed with)
This Miscellaneous First Appeal is filed under Section
173 (1) of the Motor Vehicles Act praying to enhance the
compensation amount by suitably modifying the judgment
and award dated 28.02.2017 passed by the IV Addl. Dist.
Judge and Member MACT-XIII, Vijayapur in MVC
No.852/2016.
MFA No.200155/2018:
BETWEEN:
Devappa @ Dyavappa S/o Mangalappa
@ Kirasur @ Karasur,
Age: 27 years, Occ: Coolie & Agriculture,
R/o Nagral S.P.,
Tq. Badami, Dist. Bagalkot -587 101.
... Appellant
(By Sri Shivashankar H. Manur, Advocate)
AND:
1. Mothilal S/o Arumugum,
Age: 47 years, Occ: Business &
Owner of the truck No.TN-23/CA-2488,
R/o Old No.35,
Valayalkara Street, Saidapet,
Vellore - 632012
2. The Divisional Manager,
United India Insurance Co.Ltd.,
Sangam Building,
21
S.S. Front Road,
Vijayapur - 586 101.
... Respondents
(Sri Manvendra Reddy, Advocate for R2;
Notice to R1 dispensed with)
This Miscellaneous First Appeal is filed under Section
173 (1) of the Motor Vehicles Act praying to enhance the
compensation amount by suitably modifying the judgment
and award dated 28.02.2017 passed by the IV Addl.
District Judge and Member MACT-XIII Vijayapur in MVC
No.850/2016.
MFA No.200152/2018:
BETWEEN:
Mallappa S/o Hanamappa Ganti
Age: 24 years, Occ: Coolie & Agriculture
R/o Sabbanagi
Tq. Badami, Dist. Bagalkot -587 101.
... Appellant
(By Sri Shivashankar H. Manur, Advocate)
AND:
1. Mothilal S/o M. Arumugum
Age: 47 years, Occ: Business &
Owner of the truck No.TN-23/CA-2488
R/o Old No.35
Valayalkara Street,
Saidapet,
Vellore - 632012.
2. The Divisional Manager
United India Insurance Co.Ltd.,
Sangam Building,
22
S.S. Front Road,
Vijayapur - 586 101.
... Respondents
(Sri Manvendra Reddy, Advocate for R2;
Notice to R1 dispensed with)
This Miscellaneous First Appeal is filed under Section
173 (1) of the Motor Vehicles Act praying to enhance the
compensation amount by suitably modifying the judgment
and award dated 28.02.2017 passed by the IV Addl. Dist.
Judge and Member MACT-XIII Vijayapur in MVC
No.843/2016.
MFA No.200151/2018:
BETWEEN:
1. Hanamavva W/o Balappa Halbar,
Age: 50 years, Occ: Nil,
2. Yamanappa S/o Balappa Halbar,
Age: 32 years, Occ: Nil,
3. Basappa S/o Balappa Halbar,
Age: 30 years, Occ: Nil,
4. Bhirappa S/o Balappa Halbar,
Age: 28 years, Occ: Nil,
5. Hanamappa S/o Balappa Halbar,
Age: 26 years, Occ: Nil,
All are R/o Nagral S.P.,
Tq. Badami, Dist: Bagalkot - 587 101.
... Appellants
(By Sri Shivashankar H. Manur, Advocate)
23
AND:
1. Mothilal S/o Arumugum,
Age: 47 years, Occ: Business & Owner of
The truck No.TN-23/CA-2488,
R/o Old No.35,
Valayalkara Street, Saidapet,
Vellore - 632012.
2. The Divisional Manager,
United India Insurance Co.Ltd.,
Sangam Building, S.S. Front Road,
Vijayapur - 586 101.
... Respondents
(Sri Manvendra Reddy, Advocate for R2;
Notice to R1 dispensed with)
This Miscellaneous First Appeal is filed under Section
173 (1) of the Motor Vehicles Act praying to enhance the
compensation amount by suitably modifying the judgment
and award dated 28.02.2017 passed by the IV Addl. Dist.
Judge and Member MACT-XIII, Vijayapur in MVC
No.842/2016.
These appeals coming on for Admission this day, the
Court delivered the following:
JUDGMENT
All the above appeals arise out of the impugned judgment and awards dated 28.02.2017 passed in MVC NO.787/2016 and connected matters whereby the Tribunal allowed all the claim petitions and awarded compensation in favour of the respective claimants. 24
2. Brief facts giving rise to the above appeals are as follows;
The claims put forth by the claimants in all the appeals was that were that on 24.11.2015, all of them were inside the Maxicab bearing No.KA-53/2089. It was contended that claimants and some of the deceased persons in respect of whom claim petitions were filed were sitting inside the said Maxicab which was parked by the side of the four way lane near petrol pump situated near petrol pump situated near Hitnalli side since the vehicle went to the said petrol bunk to fill diesel. It was further contended that when the said vehicle was parked by the side of the said road, driver of the offending vehicle lorry bearing No.TN-23/CA-2488 came in a rash and negligent manner from Managuli side and dashed against the backside of the said Maxi-cab resulting in injuries to some of the inmates as well as death of other inmates of the Maxi Cab. Pursuant to the said accident, all the claimants being inmates as well as dependents of some of the 25 inmates of the said Maxi-Cab which met with an accident on 24.11.2011 filed claim petitions seeking compensation towards death of some of the inmates and injuries to some of them.
3. In all the claim petitions, Mothilal, the owner of the offending lorry was arrayed as respondent No.1, whereas the Insurance Company was arrayed as respondent No.2.
4. After trial the Tribunal came to the conclusion that the drivers of both the Maxi Cab as well as the lorry were guilty of negligence to an extent of 50% each. In other words, the Tribunal came to the conclusion that instant case was a case of composite negligence by drivers of both the vehicles. Under these circumstances, the Tribunal held at para-80 of the impugned judgment as under:
"80. In case of composite negligence, each wrongdoer is jointly and severally liable to the injured for payment of entire compensation. The legal heirs or legal representatives of victim in such 26 case need not establish or prove the extent of responsibility of each driver (wrongdoer) separately nor it is necessary for the Tribunal to determine the extent of responsibility of each driver (wrongdoer) separately. The claimants are free to recover the compensation awarded from any of the wrongdoer (tortfeasor) which they like. The tortfeasor who makes the payment will be free to recover/realize the amount paid from other tortfeasors."
5. Consequently, the Tribunal directed the respondent NO.2-Insurance Company to pay compensation in favour of the claimants. Aggrieved by the impugned judgment and awards fastening the liability to pay compensation upon it, the insurance company is before this Court by way of the present appeals. Similarly, questioning the quantum of compensation awarded in their favour, the claimants are also before this Court by way of separate appeals filed by them.
6. I have heard the learned counsel for the insurance company as well as the learned counsel for the claimants.
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7. Learned counsel for the insurance company submits that the Tribunal committed an error in coming to the conclusion that the facts of the instant case discloses composite negligence on the part of the drivers of both the vehicles. It is also contended that the driver of Maxi-Cab alone was responsible and not the driver of the lorry. Under these circumstances, it is contended that the impugned judgment and award fastening the liability upon the insurance company deserves to be set aside.
8. Per contra, learned counsel for the claimants would support the impugned judgment and award insofar as it relates to fastening the liability upon the insurance company to pay compensation. In addition thereto, the learned counsel would place reliance upon the judgment of the Apex Court Khenyei Vs. New India Assurance Company Limited and Others - (2015) 9 Supreme Court Cases 273 in support of his contention. In addition thereto, learned counsel for the claimants would submit that having regard to the grievous and serious nature of 28 injuries sustained by the claimants in the accident which also resulted in the death of one of the passengers, the claimants would be entitled to additional compensation at the hands of this Court.
9. I have given my anxious consideration to the rival submissions and perused the material on record.
10. Insofar as the contention urged on behalf of the insurance company with regard to its liability to pay compensation is concerned, the said question is no longer res integra in the light of the judgment of the Apex Court in Khenyei's case supra in relation to composite negligence wherein the Apex Court held as under:
" 22. What emerges from the aforesaid discussion is as follows:
22.1. In the case of composite negligence, the plaintiff/claimant is entitled to sue both or any one of the joint tortfeasors and to recover the entire compensation as liability of joint tortfeasors is joint and several.29
22.2. In the case of composite negligence, apportionment of compensation between two tortfeasors viz-a-vis the plaintiff/claimant is not permissible. He can recover at his option whole damages from any of them.
22.3. In case all the joint tortfeasors have been impleaded and evidence is sufficient, it is open to the court/Tribunal to determine inter se extent of composite negligence of the drivers. However, determination of the extent of negligence between the joint tortfeasors is only for the purpose of their inter se liability so that one may recover the sum from the other after making whole of the payment to the plaintiff/claimant to the extent it has satisfied the liability of the other. In case both of them have been impleaded and the apportionment/extent of their negligence has been determined by the court/Tribunal, in the main case one joint tortfeasor can recover the amount from the other in the execution proceedings.
22.4. It would not be appropriate for the court/Tribunal to determine the extent of composite negligence of the drivers of two vehicles in the absence of impleadment of other joint tortfeasors. In such a case, impleaded joint tortfeasor should be left, in case he so desires, to 30 sue the other joint tortfeasor in independent proceedings after passing of the decree or award.
23. Resultantly, the appeals are allowed. the judgment and order passed by the High Court is hereby set aside. Parties to bear the costs as incurred."
11. A perusal of the impugned judgment and award passed by the Tribunal will clearly indicate that the same is in accordance with law laid down by the Apex Court in the aforesaid decision in Khenyei's case supra. Thus, applying the law laid down in the Khenyei's case, I do not find any merit in the said contention urged on behalf of the insurance company and the same is hereby rejected.
12. Insofar as the quantum of compensation is concerned, the same has to be decided as hereunder:
MFA NO.200151/2018 (MVC No.842/2016) Taking into account the notional income of the deceased as Rs.8,000/- as per Lok Adalath guidelines and adding 25% towards future prospects and deducting 1/3rd, 31 the compensation payable towards loss of dependency would be Rs.10,40,000/- (Rs.10,000x 12 x 13 x 2/3).
13. The Tribunal having awarded Rs.6,24,000/-, the claimants would be entitled to additional compensation of Rs.4,16,000/-. Thus, the claimants in MVC No.842/2016 are entitled to additional compensation of Rs.4,16,000/- together with interest at 6% p.a.
14. Having regard to the grievous and serious nature of injuries sustained by the claimants in the following cases are entitled for global compensation as hereunder:
Sl.No. MFA NO. MVC NO. Amount
1 200152/2018 843/2016 Rs.1,00,000/-
2 200156/2018 852/2016 Rs.1,00,000/-
3 200157/2018 853/2016 Rs.75,000/-
4 200158/2018 854/2016 Rs.75,000/-
5 200155/2018 850/2016 Rs.1,25,000/-
6 200154/2018 845/2016 Rs.1,00,000/-
15. In the result, I pass the following: 32
ORDER
i) MFA Nos.201624/2017, 201623/2017, 201622/2017, 201620/2017, 201614/2017, 201613/2017, 201615/2017, 201616/2017, 201611/2017, 201612/2017, 201617/2017, 201618/2017, 201619/2017 and 201621/2017 filed by the Insurance Company are hereby dismissed.
ii) MFA Nos.200151/2018, 200152/2018, 200154/2018, 200155/2018, 200156/2018, 200157/2018 and 200158/20188 filed by the claimants are partly allowed.
iii) Impugned judgment and awards are modified.
iv) Claimants in MVC No.842/2016 are entitled to enhanced additional compensation of Rs.4,16,000/-
together with interest at 6% p.a. from the date of claim petition till realization.
v) Claimants in the following MV Cases are entitled to additional enhanced compensation as stated hereunder together with interest at 6% p.a. from the date of claim petition till realization:
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Sl.No. MVC No. Amount
1 843/2016 Rs.1,00,000/-
2 852/2016 Rs.1,00,000/-
3 853/2016 Rs.75,000/-
4 854/2016 Rs.75,000/-
5 850/2016 Rs.1,25,000/-
6 845/2016 Rs.1,00,000/-
vi) Insurance Company is at liberty to recover
50% of the compensation amount from the owner and insurer of the Maxi Cab bearing No.KA-53/2089.
vii) The amounts deposited by the insurance company are hereby directed to be transferred to the Tribunal for disbursement.
viii) Insurance Company is directed to deposit the enhanced compensation amount within a period of four weeks from the date of receipt of copy of the judgment.
Sd/-
JUDGE NSP