Karnataka High Court
The Divisional Manager vs Suresh S/O Basanagouda Halakeri on 29 March, 2012
Author: Subhash B.Adi
Bench: Subhash B.Adi
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 29T1i DAY OF' MARC
H, 2012
BEFORE
THE HON'BLE MR.JUSTICE SUBHAS
H B. ADI
MFA No.22303/2009 (MV) c/w
MFA Nos. 22298/2009, 22300/2009,
22301/2009,
22302/2009, 22304/2009, 22305/
2009, 22306/2009,
22307/2009, 22308/2009, 22344/200
9, 22362/2009
22363/2009, 22299/2009 and 223
09/2009.
IN MFA No.22303/2009:
BETWEEN:
The Divisional Manager,
The National Insurance Company
Limited, Divisional Office,
Bilgundi Mansion, Station Road,
Gulburga, Represented by its
Divisional Manager,
The National Insurance Company
Ltd., Sujatha Complex,
P.B.Road, Hubli.
(By Sri S.K.Kayakamath, Adv.) Appellant
AND:
1. Suresh, S/o Basanagouda Halake
ri,
Age: 51 years, 0cc: Agriculture-
cum
Kirana Merchant, R/o Sirur Village
,
Taluk: Yelburga, Dist: Koppal.
2. Smt. TMT P.Pushpa
, W/o P. Mohan,
Age: Major, 0cc: Bus
iness & Owner of
Truck No.TN-27/P-
4367, R/o
No.D.No.4-A/27, P.P.
Road,
Selam-1 (T.N.)
3. United India Insuranc
e Company
Ltd., Peramanar Mai
n Road,
Salem-636006 (Insur
er of Truck
No.TN-27/P-4367, Po
licy No,
70800/31/0206017
valid
3L3.2002 to 30.3.2
004)
4. Nagaraj. S/o Ranga
swamy Bandi,
Age: Major, 0cc: Ow
ner of Maxi Cab
Bearing No.KA-25/A
-1706,
R/o Mangalore, Tq.
Yelburga,
Dist: Koppal.
(By Sri B. Sharanabas Respondents
ava, Adv. for R-1;
Sri Ravindra R. Man
e. Adv. for R-3;
R-2 to R-4 served)
This MFA is filed un
der Section 173(1)
against the judgmen of the MV Act,
t and order dated 04
MVC No.478/2006 .02.2009 passed in
on the file of the A
Track Court-I, ddi. MACT and Fa
Koppal, aw st
Rs.267200/- along ar di ng compensation
with interest at the of
the date of petition til rate of 6% p.a. from
l its deposit.
IN MFA No.22298/20
09:
BETWEEN:
The Divisional Man
ager,
The National Insura
nce Compa ny
3
Limited, Divisional Office,
Bilgundi Mansion, Station Road,
Gulburga, Represented by its
Divisional Manager,
The National Insurance Company
Ltd., Sujatha Complex,
P.B.Road, Hubli.
(By Sri S.K.Kayakamath, Adv.) Appellant
AND:
1. Basavaraj, Sb Shankarappa Arake
ri,
Age: 16 years, Minor U/G of his nat
ural
Father Shankarappa,
S/o Kenchareddeppa Arakeri,
Age: 48 years, 0cc: Agriculture,
R/o Shirur, Tq. Yelburga,
Dist: Koppal.
2. Smt. TMT P.Pushpa, W/o P. Mohan
,
Age: Major, 0cc: Business & Owner
of
Truck No.TN-27/P-4367, Rio
No.D.No.4-A/27, P.P.Road,
Selam- 1 (T.N.)
3. United India Insurance Company
Ltd., Peramanar Main Road,
Salem-636006 (Insurer of Truck
No.TN-27/P-4367, Policy No.
170800/31/0206017 valid
3 1.3.2002 to 30.3.2004)
4. Nagaraj, Sb Rangaswamy Bandi
,
Age: Major, 0cc: Owner of Maxi Ca
b
Bearing No.KA-25/A- 1706,
4
R/o Mangalore. Tq. Yelburga.
Dist: Koppal.
Respondents
(By Sri B.Sharanabasava, Adv. for R-1;
Sri Ravindra R. Mane, Adv. for R-3;
R-2 and R-4 served)
This MFA is filed under Section 173(1)
of the MV Act,
against the judgment and order dated 04.
02.2009 passed in
MVC No.236/2006 on the file of the Add
i. MACT and Fast
Track Court-I, Koppal, awarding compen
sation of Rs.35,000/-
along with interest at the rate of 6% p.a.
from the date of
petition till its deposit.
INMFANo.22300j2009:
BETWEEN:
The Divisional Manager,
The National Insurance Company
Limited, Divisional Office,
Bilgundi Mansion, Station Road,
Gulburga. Represented by its
Divisional Manager.
The National Insurance Company
Ltd., Sujatha Complex,
P.B.Road. Hubli.
Appellant
(By Sri S.K.Kayakamath, Adv.)
AND:
• Kotresh, S/o Mudiyappa Benakal,
Age: 16 years, Minor U/G of his natural
Father Mudivappa,
S/o Shekappa, Age: 36 years,
0cc: Agriculture.
R/o Shirur. Tq. Yelburga,
Dist: Koppal.
2. Smt TMT P,Pushpa, W/o P. Mohan,
Age: Major, 0cc: Business & Owner of
Truck No.TN-27/P-4367, R/o
No.D.No.4-A/27, P,P.Road,
Selam-1 (T.N.)
3 United India Insurance Company
Ltd., Peramanar Main Road,
Salem-636006 (Insurer of Truck
No.TN-27/P-4367, Policy No.
170800/31/0206017 valid
31.3.2002 to 30.3.2004)
4. Nagaraj, S/o Rangaswamy Bandi,
Age: Major, 0cc: Owner of Maxi Cab
Bearing No.KA-25/A-1706,
R/o Mangalore, Tq. Yelburga,
Dist: Koppal.
Respondents
(By Sri B.Sharanabasava, Adv, for R-1;
Sri Ravindra R, Mane, Adv. for R-3;
R-2 and R-4 served)
This MFA is filed under Section 173(1>
of the MV Act,
against the judgment and order date
d 04.02.2009 passed in
MVC No.238/2006 on the file of
the Addi. MACT and Fast
Track Court-I, Koppal, awarding compen
sation of Rs.80,000/-
along with interest at the rate of
6% p.a. from the date of
petition till its deposit.
6
IN MFA No223Ol/2OO9:
BETWEEN:
The Divisional Manager,
The National Insurance Company
Limited, Divisional Office,
Bilgundi Mansion, Station Road,
Gulburga, Represented by its
Divisional Manager,
The National Insurance Company
Ltd, Sujatha Complex,
P.BRoad, Hubli.
Appellant
(By Sri S.K.Kavakamath, Adv.)
AND:
1, Kum, Matengevva, D/o Ramappa Pujari,
Age: 16 years, Minor and U/G of her natural
Father Ramappa, S/o Erappa Pujari,
Age: 46 years, 0cc: Agriculture,
R/o Shirur. Tq. Yelburga,
Dist: Koppal.
2. Smt, TMT P.Pushpa, W/o P. Mohan,
Age: Major. 0cc: Business & Owner of
Truck No.TN27/P-4367, R/o
No.D.No.4-A/27, P.P.Road,
Selam-l (T.N.)
3. United India Insurance Company
Ltd.. Peramanar Main Road.
Salem-636006 (Insurer of Truck
No.TN-27/P-3367, Policy No.
170800/31/0206017 valid
31.3.2003 to 30.3.2004)
7
4. Nagaraj. S/o Rangaswamv Bandi,
Age: Major, 0cc: Owner of Maxi Cab
Bearing No.KA-25/A-1706,
R/o Mangalore. Tq. Yelburga,
Dist: Koppal.
Respondents
(By Sri B.Sharanabasava. Adv. for R-1;
Sri Ravindra R. Mane. Adv. for R-3;
R-2 and R-4 served)
This MFA is filed under Section 173(1) of the MV
Act,
against the judgment and order dated 04.02.2009
passed in
MVC No.239/2006 on the file of the Addi. MACT
and Fast
Track Court-I, Koppal, awarding compensation of
Rs.35,000/-
along with interest at the rate of 6% p.a. from
the date of
petition till its deposit.
IN MFA No.22302/2009:
BETWEEN:
The Divisional Manager,
The National Insurance Company
Limited, Divisional Office,
Bilgundi Mansion. Station Road,
Gulburga, Represented by its
Divisional Manager,
The National Insurance Comparn
Ltd., Sujatha Complex,
P.B.Road. Hubli.
Appellant
(By Sri S.K.Kavakamath. Adv.1
8
AND:
1. Peersab, S/o Gareebsab Dafedar,
Age: 33 years, Ccc: Teacher,
R/o Shirur village, Tq. Yelburga,
Dist: Koppal.
2. Smt, TMT P.Pushpa, W/o P. Mohan,
Age: Major, 0cc: Business & Owner of
Truck No.TN-27/P-4367, R/o
No.D.No.4-A/27. P.P.Road,
Selam-1 (T.N.)
3. United India Insurance Company
Ltd., Peramanar Main Road,
Salem-6 36006 (In surer of Truck
No.TN-27/P-4367, Policy No.
170800/31/0206017 valid
3 1.3.2002 to 30.3.2004)
4. Nagaraj, Sb Rangaswamy Bandi,
Age: Major, 0cc: Owner of Maxi Cab
Bearing No.KA.-25/A-1706,
R/o Mangalore, Tq. Yelburga,
Dist: Koppal.
Respondents
(By Sri Ravindra R. Mane, Adv. for R-3)
This MFA is filed under Section 173
(1) of the MV Act,
against the judgment and order date
d 04.02.2009 passed in
MVC No.477/2006 on the file of the
Addi. MACT and Fast
Track Court-I. Koppal. awarding com
pensation of Rs.37,800/-
along with interest at the rate of
6% p.a. from the date of
petition till its deposit.
9
IN MFA No.22304/2009:
BETWEEN:
The Divisional Manager,
The National Insurance Company
Limited, Divisional Office,
Bilgundi Mansion, Station Road,
Gulburga, Represented by its
Divisional Manager,
The National Insurance Company
Ltd., Sujatha Complex,
P.B.Road, Hubli.
Appellant
(By Sri S.K.Kayakamath, Adv.)
AND:
1. Veeresh, Sb Hanumappa Hubballi,
Age: 15 years, 0cc: Student,
R/o Sirur village, Minor U/G of his
Next friend mother Smt. Mahadevamma,
W/o Hanumappa Hubballi, Age: 45 years,
0cc: Household, R/o Sirur, Taluk: Yelburga,
2. Smt. TMT P.Pushpa, W/o P. Mohan,
Age: Major, Ccc: Business & Owner of
Truck No.TN-27/P-4367, R/o
No.D.No.4-A/27, P.P.Road,
Selam-1 (T.N.)
3. United India Insurance Company
Ltd.. Peramanar Main Road,
Salem-636006 (Insurer of Truck
No.TN-27/P-4367, Policy No.
170800/31/0206017 valid
31.3.2002 to 30.3.20041
10
4. Nagaraj. Sb Rangaswam Bandi,
Age: Major, 0cc: Owner of Maxi Cab
Bearing No.KA-25/A-1706,
R/o Mangalore, Tq. Yelburga,
Dist: Koppal.
Respondents
(By Sri B.Sharanabasava, Adv. for R-1;
Sri Ravindra R. Mane, Adv. for R-3;
R-2 and R-4 served)
This MPA is filed under Section 173(1) of the MV Act,
against the judgment and order dated 04.02.2009 pass
ed in
MVC No.479/2006 on the file of the Addi. MACT and
Fast
Track Court-I, Koppal, awarding compensation of Rs.7
3,000/-
along with interest at the rate of 6% p.a. from the
date of
petition till its deposit.
IN MFA No.22305/2009:
BETWEEN:
The Divisional Manager,
The National Insurance Company
Limited, Divisional Office,
Bilgundi Mansion, Station Road,
Gulburga. Represented by its
Divisional Manager,
The National Insurance Company
Ltd., Sujatha Complex,
P.B.Road, Hubli.
Appellant
(Bx Sri S.K.Kavakamath, Adv.)
ii
AND:
Prashanth, S/o Basavaraj Rader,
Age: 16 years, 0cc: Student,
R/o Sirur village, Tq. Yelburga,
Minor U/G of his next friend
Basanagouda. S/o Linganagouda Somanagou
dar.
Age: 37 years, 0cc: Agril., R/o Sirur,
Tq. Yelburga,
2. Smt. TMT P.Pushpa, W/o P. Mohan,
Age: Major, 0cc: Business & Owner of
Truck No.TN-27/P-4367, R/o
No.D.No.4-A/27, P.P.Road,
Selam-1 (T.N.)
3. United India Insurance Company
Ltd., Peramanar Main Road,
Salem-636006 (Insurer of Truck
No.TN-27/P-4367, Policy No.
170800/31/0206017 valid
31.3.2002 to 30.3.2004)
4. Nagaraj, S/o Rangaswamy Bandi,
Age: Major, 0cc: Owner of Maxi Cab
Bearing No.KA-25/A-l706.
R/o Mangalore, Tq. Yelburga,
Dist: Koppal.
..Respondents
(By Sri B.Sharanabasava, Adv. for R-1;
Sri Ravindra R. Mane, Adv, for R-3: R-2 and
R-4 served)
This MFA is filed under Section 173(1) of
the MV Act,
against the judgment and order dated 04.0
2.2009 passed in
MVC No.480/2006 on the file of the Add
i. MACT and Fast
Track Court-I. Koppal. awarding compen
sation of Rs.33,000/-
along with interest at the rate of 6% p.a.
from the date of
petition till its deposit.
1,,
1
IN MFA No223O6/2OQ9:
BETWEEN:
The Divisional Manager,
The National Insurance Company
Limited, Divisional Office,
Bilgundi Mansion, Station Road,
Guiburga. Represented by its
Divisional Manager,
The National Insurance Company
Ltd, Sujatha Complex.
PB.Road, Hubli.
Appellant
(By Sri S.K.Kavakamath, Adv.)
AND:
I. Prashanth, Sb Chinnappa Angadi,
Age: 16 years, 0cc: Student,
R/o Sirur village, Tq. Yelburga,
Minor U/G of his next friend-father
Chinnappa, S/o Mallikarjunappa Angadi,
Age: 45 years, 0cc: Employee in
GESCOM (KEB), R/o Sirur.
Tq. Yelburga, Dist: Koppal.
2. Smt. TMT P.Pushpa, W/o P. Mohan,
Age: Major, 0cc: Business & Owner of
Truck No.TN-27/P-4367. R/o
No.D.No.4-A/27, RP.Road,
Selam-1 (T.N.)
3. United India Insurance Company
Ltd.. Peramanar Main Road,
Salem-636006 (Insurer of Truck
No.TN-27/P-4367, Policy No,
13
170800/31/0206017 valid
31.3.2002 to 30.3.2004)
4. Nagaraj, S/o Rangaswamy Bandi,
Age: Major, 0cc: Owner of Maxi Cab
Bearing No.KA-25/A- 1706,
R/o Mangalore, Tq. Yelburga,
Dist: Koppal.
Respondents
(By Sri B.Sharanabasava, Adv. for R-1;
Sri Ravindra R. Mane, Adv. for R-3;
R-2 and R-4 served)
This MFA is filed under Section 173(1) of the MV Act,
against the judgment and order dated 04.02.2009 passed in
MVC No.481/2006 on the file of the Addi, MACT and Fast
Track Court-I, Koppal, awarding compensation of Rs.28,000/-
along with interest at the rate of 6% p.a. from the date of
petition till its deposit.
IN MPA No.22307/2009:
BETWEEN:
The Divisional Manager,
The National Insurance Company
Limited, Divisional Office,
Bilgundi Mansion, Station Road,
Gulburga. Represented by its
Divisional Manager,
The National Insurance Company
Ltd., Sujatha Complex,
P.B.Road, Hubli.
Appellant
(By Sri S.K.Kayakamath, Adv.)
14
AND:
Rum, Soumva, D/o Somashekhar Ballolli,
Age: 15 years, 0cc: Student,
R/o Sirur village, Tq. Yelburga,
Minor U/G of his next friend
Somashekhar, S/o Fakeerappa Ballolli,
Age: 48 years, 0cc: Employee in Syndicate
Bank, Br. Kukanoor, R/o Sirur,
Tq. Yelburga, Dist: Koppal.
2. Smt. TMT P.Pushpa, W/o P. Mohan,
Age: Major, 0cc: Business & Owner of
Truck No.TN27/P-4367, R/o
No.D.No.4-A/27, P.P.Road,
Selam-1 (T.N.)
3. United India Insurance Company
Ltd., Peramanar Main Road,
Salem-636006 (Insurer of Truck
No.TN-27/P-4367, Policy No.
170800/31/0206017 valid
31.3.2002 to 30.3.2004)
4. Nagaraj, S/o Rangaswamy Bandi,
Age: Major, 0cc: Owner of Maxi Cab
Bearing No.KA-25/A-1706,
R/o Mangalore, Tq. Yelburga,
Dist: Koppal.
.Respondents
(By Sri B,Sharanabasava, Adv. for R-1;
Sri Ravindra R. Mane, Adv. for R-3;
R-2 and R-4 served)
This MFA is filed under Section 173(1) of the MV Act,
against the judgment and order dated 04.02.2009 passed in
MVC No.485/2006 on the file of the Addl. MACT and Fast
15
Track Court-I, Koppat, awarding compensation of Rs.70,000/-
along with interest at the rate of 6% p.a. from the date of
petition till its deposit.
IN MFA No.22308/2009:
BETWEEN:
The Divisional Manager,
The National Insurance Company
Limited, Divisional Office,
Bilgundi Mansion, Station Road,
Gulburga, Represented by its
Divisional Manager,
The National Insurance Company
Ltd., Sujatha Complex,
P.B.Road, Hubli.
Appellant
(By Sri S.K.Kayakamath, Adv.)
AND:
1. Manjunath, S/o Sureshgouda Halakeri,
Age: 15 years, 0cc: Student,
R/o Sirur village, Tq. Yelburga,
Minor U/G of his next friend-father
Sureshgouda, S/o Basanagouda Halakeri,
Age: 48 years, 0cc: Agril and business,
R/o Sirur, Tq. Yelburga, Dist: Koppal.
2. Smt. TMT P.Pushpa, W/o P. Mohan,
Age: Major, 0cc: Business & Owner of
Truck No.TN-27/P-4367, R/o
No.D.No.4-A/27, P.P.Road,
Selam-l (T.N.)
16
0
3. United India Insurance Company
Ltd., Peramanar Main Road,
Salem-636006 (Insurer of Track
No.TN-27/P-4367, Policy No.
170800/31/02060 17 valid
3 1.3.2002 to 30.3.2004)
4. Nagaraj, Sb Rangaswamy Bandi,
Age: Major, 0cc: Owner of Maxi Cab
Bearing No.KA-25/A- 1706,
RIo Mangalore, Tq. Yelburga, Dist: Koppal.
Respondents
(By Sri B.Sharanabasava, Adv. for R-1;
Sri Ravindra R. Mane, Adv. for R-3; R-2 and R-4 served)
This MFA is filed under Section 173(1) of the MV Act,
against the judgment and order dated 04.02.2009 passed in
MVC No.486/2006 on the file of the Addl. MACI and Fast
Track Court-I, Koppal, awarding compensation of Rs.45,000/-
along with interest at the rate of 6% p.a. from the date of
petition fill its deposit.
IN MFA No.22344/2009:
BETWEEN:
The Divisional Manager,
The National Insurance Company
Limited, Divisional Office,
Bilgundi Mansion, Station Road,
Gulburga, Represented by its
Divisional Manager,
The National Insurance Company
Ltd;, Sujatha Complex,
P.B.Road, Hubli.
Appellant
(By Sri S.K.Kayakamath, Adv.)
17
AND:
Kum. Savitri, D/o Irappa Bangari,
Age: 15 years, 0cc: Student,
R/o Sirur village, Tq. Yelburga,
Minor U/G of her next friend-father
Irappa, S/o Bheemappa Bangari,
Age: 39 years, 0cc: Coolie, R/o Sirur,
Tq. Yelburga,
2. Srnt. TMT P.Pushpa, W/o P. Mohan,
Age: Major, 0cc: Business & Owner of
Truck No.TN-27/P-4367, R/o
No.D.No.4-A/27, P.P.Road,
Selam-1 (T.N.)
3. United India Insurance Company
Ltd., Peramanar Main Road,
Salem-636006 (Insurer of Truck
No.TN-27/P-4367, Policy No,
170800/31/0206017 valid
3 1.3.2002 to 30.3.2004)
4. Nagaraj, S/o Rangaswamy Bandi,
Age: Major, 0cc: Owner of Maxi Cab
Bearing No.KA-25/A-1706,
R/o Mangalore, Tq. Yelburga,
Dist: Koppal.
Respondents
(By Sri B,Sharanabasava, Adv. for R-1;
Sri Ravindra R. Mane, Adv. for R-3;
R-2 and R-4 served)
This MFA is filed under Section 173(1) of the MV Act,
against the judgment and order dated 04.02.2009 passed in
MVC No.482/2006 on the file of the Addi. MACT and Fast
18
4'
Track Court-I, Koppal, awarding compensation of Rs.45,000/-
along with interest at the rate of 6% p.a. from the date of
petition till its deposit.
IN MFA No.22362/2009:
BETWEEN:
The Divisional Manager,
The National Insurance Company
Limited, Divisional Office,
Bilgundi Mansion, Station Road,
Qulburga, Represented by its
Divisional Manager,
The National Insurance Company
Ltd., Sujatha Complex,
P.B.Road, Hubli.
Appellant
(By Sri S.K.Kayakamath, Adv.)
AND:
1. Kum. Shniti, D/o Virupakshagouda Hiregoudar,
Age: 15 years, 0cc: Student,
R/o Sirur village, Tq. Yelburga,
Minor U/O of his next friend-father
Virupakshagouda, S/o Mudakanagouda Hiregoudar,
Age: 36 years, 0cc: Agril., R/o Sirur,
Tq. Yelburga, Dist: Koppal.
2. Smt. TMT P.Pushpa, W/o P. Mohan,
Age: Major, 0cc: Business & Owner of
Truck No.TN-27/P-4367, R/o
No.D.No.4-A/27, P.P.Road,
Selam-1 (T.N.)
19
3. United India Insurance company
Ltd., Peramanar Main Road,
Salem-636006 (Insurer of Truck
No.TN-27/P-4367, Policy No.
170800/31/0206017 valid
31.3,2003 to 30.3.2004)
4. Nagaraj, S/o Rangaswamy Bandi,
Age: Major, 0cc: Owner of Maxi Cab
Bearing No.KA-25/A-1706,
R/o Mangalore, Tq. Yelburga,
Dist: Koppal.
Respondents
(By Sri B,Sharanabasava, Adv. for R-1;
Sri Ravindra R. Mane, Adv. for R-3; R-2 and R-4 served)
This MFA is filed under Section 173(1) of the MV Act,
against the judgment and order dated 04.02.2009 passed in
MVC No.483/2006 on the file of the Addi. MACT and Fast
Track Court--I. Koppal, awarding compensation of Rs.45,000/-
along with interest at the rate of 6% p.a. from the date of
petition till its deposit.
IN MFA No.22363/2009:
BETWEEN:
The Divisional Manager,
The National Insurance Company
Limited, Divisional Office,
Bilgundi Mansion, Station Road,
Gulburga, Represented by its
Divisional Manager,
The National Insurance Company
Ltd., Sujatha Complex,
P.B.Road, Hubli.
Appellant
(By Sri S.K.Kavakamath, Adv.)
20
AND:
Devendrappa, S/o Shekharappa 1adinoor,
Age: 15 years, 0cc: Student,
R/o Sirur village, Tq. Yelburga,
Minor U/G of his next friend--
Father/mother Smt. Gangamma,
W/o Shekarappa Madinoor,
Age: 40 years, 0cc: Household,
R/o Sirur, Tq. Yelburga, Dist: Koppal.
2. Smt. TMT RPushpa, W/o P. Mohan,
Age: Major, 0cc: Business & Owner of
Truck No.TN-27/P-4367, R/o
No.D.No.4-A/27, P.P.Road,
Selam-1 (T.N.)
3. United India Insurance Company
Ltd., Peramanar Main Road,
Salem-636006 (Insurer of Truck
No.TN-27/P--4367, Policy No.
170800/31/02/06017 valid
31.3.2002 to 30.3.2004)
4. Nagaraj, S/o Rangaswamy Bandi,
Age: Major, 0cc: Owner of Maxi Cab
Bearing No.KA-25/A-1706,
R/o Mangalore, Tq. Yelburga,
Dist: Koppal.
Respondents
(By Sri B.Sharanabasava, Adv. for R-1;
R-2 to R-4 served)
This MFA is filed under Section 173(1) of the MV Act,
against the judgment and order dated 04.02.2009 passed in
MVC No.484/2006 on the file of the Addl. MACT and Fast
21
Track Court-I, Koppal, awarding compensation of Rs.22,000/-
along with interest at the rate of 6% p.a. from the date of
petition till its deposit.
IN MFA No.22299/2009:
BETWEEN:
The Divisional Manager,
The National Insurance Company
Limited. Divisional Office,
Bilgundi Mansion, Station Road,
Gulburga, Represented by its
Divisional Manager,
The National Insurance Company
Ltd., Sujatha Complex,
P.B.Road, Hubli.
Appellant
(By Sri S.K.Kavakamath, Adv.)
AND:
1. Riyana, D/o Khajesab Angadi,
Age: 16 years, 0cc: Student,
Minor U/G of his natural father
Khajesab, S/o Akbarsab Angadi,
Age: 46 years, 0cc: Agril., R/o Shirur,
Tq. Yelburga, Dist: Koppal.
2. Smt. TMT P.Pushpa, W/o P. Mohan,
Age: Major, 0cc: Business & Owner of
Truck No.TN-27/P-4367, R/o
No.D.No.4-A/27, P.P.Road,
Selam-1 (T.N.)
3. United India Insurance Company
Ltd., Peramanar Main Road,
22
0
Salem-636006 (Insurer of Truck
No.TN-27/P-4367, Policy No.
170800/3 1 /02060 17 valid
31.3.2002 to 30.3.2004)
4. Nagaraj, S/o Rangaswamy Bandi,
Age: Major, 0cc: Owner of Mat Cab
Bearing No.KA-25/A-1706,
R/o Mangalore, Tq. Yelburga,
Dist: Koppal.
.Respondents
(By Sri B.Sharanabasava, Adv. for R-1;
Sri Ravindra R. Mane, Adv. for R-3;
R-2 and R-4 served)
This MFA is ified under Section 173(1) of the MV Act,
against the judgment and order dated 04.02.2009 passed in
MVC No.237/2006 on the file of the Addl. MACT and Fast
Track Court-I, Koppal, awarding compensation of Rs.45,000/-
along with interest at the rate of 6% p.a. from the date of
petition till its deposit.
iN MFA No.22309/2009:
BETWEEN:
The Divisional Manager,
The National Insurance Company
Limited, Divisional Office,
Bilgundi Mansion, Station Road,
Gulburga, Represented by its
Divisional Manager,
The National Insurance Company
Ltd., Sujatha Complex,
P.B.Road, Hubli.
Appellant
(By Sri S.K.Kayakamath, Adv.)
23
AND:
1. Basavaraj Satyappa Chalawadi,
Age: 41 years, 0cc: Teacher,
RIo Sirur, Taluk. Yelburga,
Dist: Koppal.
2. Smt. TMT P.Pushpa, W/o P. Mohan,
Age: Major, 0cc: Business & Owner of
Truck No.TN-27/P-4367, R/o
No.D.No.4-A/27, P.P.Road,
Selam-1 fF.N.)
3. United India Insurance Company
Ltd., Peramanar Main Road,
Salem-636006 (Insurer of Truck
No.TN-27/P-4367, Policy No.
170800/31/0206017 valid
31.3.2002 to 30.3.2004)
4. Nagaraj, Sb Rangaswamy Bandi,
Age: Major, 0cc: Owner of Maxi Cab
Bearing No.KA-25/A- 1706,
R/o Mangalore, Tq. Yelburga,
Dist: Koppal.
.Respondents
(By Sri B. Sharanabasava, Adv. for R- 1)
Sri Ravindra R. Mane, Adv. for R-3)
This MFA is filed under Section 173(1) of the MV Act,
against the judgment and order dated 04.02.2009 passed in
MVC No.487/2006 on the file of the Addl. MACF and Fast
Track Court-I, Koppal, awarding compensation of Rs.65,185/-
along with interest at the rate of 6% p.a. from the date of
petition till its deposit.
24
These MFAs coming on for orders, this day, the Court
delivered the following:
JUDGMENT
All these appeals are by the insurer questioning the liability in MVC Nos.478/2006 and connected matters disposed of on 04.02.2009 on the file of the MACT, Koppal.
2. The claimants were travelling in a maxi cab bearing registration No.KA-25/A-4706. On account of rash and negligent driving of the lorry bearing No. TN-27/P-4367 which came from opposite and dashed against the maxi cab, claimants sustained injuries. Several claim petitions were filed before the Tribunal. The Tribunal b common judgment and award, has allowed the claim petitions and awarded compensation.
3. Before the Tribunal, contention was raised that the maxi cab had a permit to carry only 12 passengers, however, the cab was carrying 50 passengers and as such there is clear violation of the terms and conditions of the insurance policy. 25 In view of the same, insurer contended that he is not liable to indemnify the liability. It is also contended that the driver of the maxi cab had no valid licence to drive the vehicle in question.
4. The Tribunal, considering these objections, held insurer liable to pay compensation. It is against this finding, these appeals are filed. The Tribunal, considering these things and also considering the negligence, has fixed 50% liability on each of the vehicle.
5. Having regard to the first contention that the maxi cab was carrying passengers beyond the permitted limit, in similar circumstances, the Apex Court in a judgment reported in ACJ 2011 Sc 917 in the matter of United India Insurance Company Limited vs. K.M.Poonam and others has observed that 'in a public transport vehicle carrying passengers more than the permitted limit, liability of the insurance company to pay compensation is not limited to the passengers permitted to travel in the vehicle, but also it is 26 liable to pay compensation in respect of excess passengers travelling in the vehicle. However, insurer can recover the amount for the remaining excess passengers from the owner.
6. Having regard to the decision of the Apex Court and having regard to the fact that the passengers and third party, they cannot be expected to go against the owner. In these circumstances, I find no merit in the contentions urged by the learned counsel for the appellant/insurer.
7. As regard to the second contention is concerned, though such vague contention is raised, no effort is made to show that the licence was expired and no material is placed on record. Hence, I fmd no merit to consider the said contention. In the result, appeal fails and stands dismissed. However, it is made clear that in view of the Supreme Court decision, it is open to the insurer to recover the amount.
8. In view of the dismissal of the appeals, Misc. Cvi. Nos. 104973, 104963, 104967, 104969, 104971, 104976, 104978, S i 27 104980, 104982, 104984, 105110, 105132, 105134, 1049 65 and 104986/2009 stands dismissed. Also, taking steps is dispensed with.
8. The amount in deposit in all the above appeals is ordered to be transferred to the Tribunal.
Sd! JUDGE mkc