Karnataka High Court
The Divisional Manager, vs Mallanna S/O Kariyappa, on 11 October, 2012
Author: S.N.Satyanarayana
Bench: S.N. Satyanarayana
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 11TH DAY OF OCTOBER, 2012
BEFORE
THE HON'BLE MR. JUSTICE S.N. SATYANARAYANA
MISCELLANEOUS FIRST APPEAL NO.24022/2012
A/W MISCELLANEOUS FIRST APPEAL NO.24021/2012 (MV)
IN MFA NO.24022/2011
BETWEEN:
THE DIVISIONAL MANAGER
M/S NEW INDIA ASSURANCE CO. LTD
EDIGA HOSTEL COMPLEX, DOUBLE ROAD,
BEllARY, NOW REP. ITS REGIONAL MANAGER
KALATHIL KRISHNA DAS, NEW INDIA
ASSURANCE CO. LTD.,
DIVISIONAL OFFICE MOTOR THIRD PART HUB
SRINATH COMPLEX,NCM HUBLI
.. APPELLANT
(BY SRI. LAXMAN B. MANNODDAR, ADV.)
AND:
1. RAJU, S/O URAKUNDAPPA
AGE 22 YEARS, OCC: STUDENT
R/O BHARAT SINGH NAGAR
TALUR ROAD BELLARY, DIST. BELLARY
2. SRI. PARTHA RAJ,
S/O D.V.S. NARAYANA MURTHY
AGE 24 YEARS, OCC: DRIVER
R/O RAMAPUR VILLAGE
MOLAKALMUR TALUKA
DIST. CHITRADURGA.
3. M/S OBLAPURAM MINING COMPANY
BY ITS GENERAL MANAGER
2
OWNER OF SCORPIO, R/O GANESH NAGAR,
NEAR KUMARSWAMY TEMPLE
SIRUGUPPA ROAD, BELLARY.
4. M. SENGOTTUVEL,
S/O MUNIAPPA GOUNDER
AGE NOT MENTIONED OCC: OWNER OF LORRY
R/O 13, 4TH MAIN ROAD, NEW THARAGUPT
BANGALORE.
5. M/S ROAYAL SUNDARAM ALLIANCE
INSURANCE CO. LTD.,
BY ITS MANAGER, NO.4, A, IV FLOOR
THIRUMALAI TOWERS AVANASHI ROAD
COMBATORE.
.. RESPONDENTS
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MV
ACT AGAINST THE JUDGMENT AND AWARD DATED 04/05/2012
PASSED IN MVC NO.604/2011 ON THE FILE OF THE MEMBER,
MACT, III BELLARY AWARDING THE COMPENSATON OF
RS.62,625/- WITH INTEREST AT THE RATE OF 6% P.A. FROM
THE DATE OF PETITION TILL ITS REALISATION.
IN MFA NO.24021/2012
BETWEEN:
THE DIVISIONAL MANAGER
M/S NEW INDIA ASSURANCE CO. LTD
EDIGA HOSTEL COMPLEX, DOUBLE ROAD,
BEllARY, NOW REP. ITS REGIONAL MANAGER
KALATHIL KRISHNA DAS, NEW INDIA
ASSURANCE CO. LTD.,
DIVISIONAL OFFICE MOTOR THIRD PART HUB
SRINATH COMPLEX,NCM HUBLI
.. APPELLANT
(BY SRI. LAXMAN B. MANNODDAR, ADV.)
3
AND:
1. MALLANNA, S/O KARIYAPPA
AGE 46 YEARS, OCC: AGRICULTURE
R/O MHANANDIKOTTAM, KANNADA NAGAR
TALUR ROAD BELLARY, DIST. BELLARY.
2. NAGENDRAMMA, W/O MALLANNA
AGE 41 YEARS, OCC: HOUSEWIFE
R/O MHANANDIKOTTAM KANNADA NAGAR
TALUR ROAD BELLARY, DIST. BELLARY.
3. KUMARI PUTTAMALLI, D/O MALLANNA
AGE 18 YEARS, OCC: STUDENT,
R/O MHANANDIKOTTAM, KANNADA NAGAR
TALUR ROAD BELLARY, DIST. BELLARY.
4. KUMAR JYOTHI, D/O MALLANNA
AGE 17 YEARS, MINOR REP. BY
RESPONDENT No.1, OCC: STUDENT
R/O MHANANDIKOTTAM, KANNADA NAGAR,
TALUR ROAD BELLARY, DIST. BELLARY.
5. KUMAR GANESH, S/O MALLANNA
AGE 13 YEARS, MINOR REP. BY
RESPONDENT NO.1, OCC: STUDENT
R/O HANANDIKOTTAM, KANNADA NAGAR,
TALUR ROAD BELLARY, DIST. BELLARY.
6. SRI. PARTHA RAJ,
S/O D.V.S. NARAYANA MURTHY
AGE 24 YEARS, OCC: DRIVER,
R/O RAMAPUR VILLAGE, MOLAKALMUR TALUKA
DIST. CHITRADURGA.
7. M/S OBLAPURAM MINING COMPANY
BY ITS GENERAL MANAGER
OWNER OF SCORPIO, R/O GANESH NAGAR,
NEAR KUMARSWAMY TEMPLE
SIRUGUPPA ROAD, BELLARY.
8. M. SENGOTTUVEL,
S/O MUNIAPPA GOUNDER
4
AGE NOT MENTIONED OCC: OWNER OF LORRY
R/O 13, 4TH MAIN ROAD, NEW THARAGUPT
BANGALORE.
9. M/S ROAYAL SUNDARAM ALLIANCE
INSURANCE CO. LTD.,
BY ITS MANAGER, NO.4, A, IV FLOOR
THIRUMALAI TOWERS AVANASHI ROAD
COMBATORE.
.. RESPONDENTS
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MV
ACT AGAINST THE JUDGMENT AND AWARD DATED 04/05/2012
PASSED IN MVC NO.603/2011 ON THE FILE OF THE MEMBER,
MACT, BELLARY AWARDING THE COMPENSATON OF
RS.3,36,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM
THE DATE OF PETITION TILL ITS REALISATION.
THESE MFAs COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING
JUDGMENT
These appeals arise out of the common judgment passed in MVC Nos.603 and 604/2011 on the file of the MACT, Bellary wherein the compensation awarded to the passengers in a private car was challenged by the insurance company on the ground that the passengers in a private car are not covered under the package policy and further it was contended that the said vehicle was used for hire. Subsequently, it is seen that a notification is issued 5 by the Insurance Regulatory Authority vide its notification NO.IRDA 073/11/09 covering the liability of the insurance company for such passengers also. Based on that, this Court has already disposed of several matters including MFA 22612/2012 which is disposed of on 22/08/2012 arising out of the same accident. In that view of the matter, these appeals also covered under the decision of this Court in the matter of MFA No.22612/2012 disposed of on 22/08/2012.
Accordingly, these two appeals are dismissed as having become infructuous. In view of the appeals being dismissed, the amount in deposit is ordered to be transferred to the MACT, Bellary, for disbursement to the claimants therein.
Sd/-
JUDGE kmv