Karnataka High Court
Maruti Hindurao Mali, vs Praveen S/O Dilip Mali, on 26 April, 2017
Author: S.N.Satyanarayana
Bench: S.N. Satyanarayana
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH,DHARWAD.
DATED THIS THE 26TH DAY OF APRIL 2017
BEFORE
THE HON'BLE MR. JUSTICE S.N. SATYANARAYANA
MFA.No.22830/2012 (MV)
BETWEEN:
SRI.MARUTI HINDURAO MALI,
AGE: 60 YEARS,
OCC: PRIVATE SERVICE (PRESENTLY NIL)
R/O: KURLI, TALUK: CHIKODI.
DIST: BELGAUM.
.. APPELLANT
(BY SRI.HARISH S. MAIGUR ADV.)
AND:
1. SHRI. PRAVEEN S/O DILIP MALI,
AGE: MAJOR, OCC: BUSINESS,
R/O: KASBA SANGAO, TALUK: KAGAL,
DIST: KOLHAPUR.
2. THE GENERAL MANAGER,
IFFCO TOKYO GENERAL INSURANCE CO. LTD.,
KSCMF BUILDING, 3RD FLOOR,
3RD BLOCK, NO.8, CUNNINGHAM ROAD,
BANGALORE-52.
3. SHRI. BALAWANT HANUMANT MUKASHI,
AGE: MAJOR, OCC: DRIVER,
R/O: NAVALIHAL, TALUK: CHIKODI.
DIST: BELGAUM.
2
4. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
DIVISION OFFICE, CLUB ROAD,
BELGAUM.
...RESPONDENTS
(BY SRI. RAVINDRA R. MANE, ADV. FOR R2)
(SMT. PREETI SHASHANK ADV. FOR R4)
(V/O/DTD: 31/5/2013 NOTICE TO R1 & R3 IS DISPENSED)
THIS MISCELLAN EOUS FIRST APPEAL IS FI LED
UNDER S ECTION 173(1) OF MV ACT AGAINST THE JUDGMENT
AND AWARD DATED:09-04-2012 PASSED IN MVC
NO.1908/2008 ON THE FILE OF I-ADDL. SENIOR CIVIL JUDGE
AND MEMBER, MACT, BELGAUM, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL COMING ON FOR FURTHER ARGUMENTS
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The claimant in MVC 1908/2008 on the file of I- Additional Senior Civil Judge and MACT, Belagavi has come up in this appeal seeking enhancement of compensation.
2. Admittedly, claim petition filed in MVC.No.1908/2008 was seeking compensation for injuries suffered in a road traffic accident that 3 occurred on 2.3.2007. At the time of accident the claimant was rider of motorcycle bearing registration No.MH-09/AX-4644 and the said motorcycle has dashed against the auto rickshaw bearing registration No.KA-22/5314. The fact of accident is reported to police and same is registered with Basaveshwar Circle police, Belagavi in Crime No.20/2007, who in turn after investigation filed charge sheet, wherein the claimant himself is shown as accused for offences punishable under Sections 279,337 and 338 of IPC. Thereafter, the claim petition is filed by him under section 163A of MV Act claiming compensation.
3. When admittedly the claimant himself is tort feasor, question of considering compensation under Section 163A of MV Act does not arise. Hence, the compensation which is awarded by the tribunal is required to be set aside and appeal is required to be dismissed, if there is challenged to said judgement 4 and award. Further, when he himself is a tort feasor, he is not entitled to compensation even under Section 166 of MV Act. Therefore question of entertaining this appeal does not arise the same is dismissed. Accordingly, it is dismissed.
Sd/-
JUDGE RHR/-