Karnataka High Court
The Divisional Manager vs Sanna Thimmappa on 14 February, 2013
Author: Mohan Shantanagoudar
Bench: Mohan .M. Shantanagoudar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 14th DAY OF FEBRUARY 2013
BEFORE
THE HON'BLE MR. JUSTICE MOHAN .M. SHANTANAGOUDAR
WRIT PETITION No.3907 OF 2007 (GM-AC)
C/w
WRIT PETITION No.3908 OF 2007 (GM-AC),
M.F.A NO.12212 OF 2006,
M.F.A. NO.12214 OF 2006
IN W.P. No.3907/2007
BETWEEN:
The Divisional Manager
M/s. National Insurance Co., Ltd.,
Chigateri Merchantile Building
Chamarajpet, Davangere
Rep by the Deputy Manager
Bangalore Regional Office
Subhram Complex
144, Mahatma Gandhi Road
Bangalore-560 001. ..Petitioner
(By Sri C.M. Poonacha, Adv., for M/s Lexplexus)
AND :
1. Sanna Thimmappa
S/o Havalappa
Aged 25 years
R/o Hanumali
2
Holalkere Taluk
Chitradurga District.
2. G.B. Suresh
S/o Basappa
Age 45 years
R/o Deverahosahalli
Holalkere Taluk. ..Respondents
(By Sri Paras Jain, Adv., for R1;
Sri B.M. Siddappa, Adv., for R2)
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India praying to set aside/quash the
Judgment and award dated 3.7.2006 passed in
M.V.C.No.190/2005 by the Civil Judge, Sr.Dn. and MACT.,
Holalkere vide Annexure-B.
IN W.P. No.3908/2007
BETWEEN:
The Divisional Manager
M/s. National Insurance Co., Ltd.,
Chigateri Merchantile Building
Chamarajpet, Davangere
Rep by the Deputy Manager
Bangalore Regional Office
Subhram Complex
144, Mahatma Gandhi Road
Bangalore-560 001. ..Petitioner
(By Sri C.M. Poonacha, Adv.,)
3
AND :
1. Madappa @ Mahadevappa
S/o Janappa
Age 55 years
R/o Talikatte
Ramagiri Hobli
Holalkere Taluk.
2. G.B. Suresh
S/o Basappa
Age 45 years
R/o Deverahosahalli
Holalkere Taluk. ..Respondents
(By Sri H.T. Prabhu, Adv., for R1;
Sri B.M. Siddappa, Adv., for R2)
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India praying to set aside/quash the
Judgment and award dated 3.7.2006 passed in
M.V.C.No.261/2005 vide Annexure-A and Annexure-B by
the Civil Judge (Sr.Dn.) and MACT., Holalkere.
IN M.F.A. No.12212/2006
BETWEEN:
The Divisional Manager
M/s. National Insurance Co., Ltd.,
Chigateri Merchantile Building
Chamarajpet, Davangere
Represented by
The Manager
Bangalore Regional Office
4
Subhram Complex
144, Mahatma Gandhi Road
Bangalore-560 001. ..Appellant
(By Sri C.M. Poonacha, Adv.,)
AND :
1. Gangamma
W/o Rangappa H.S
Age 45 years
R/o Hanumali
Dogganal Post
Ramagiri Hobli
Holalkere Taluk.
2. G.B. Suresh
S/o Basappa
Age 45 years
R/o Deverahosahalli
Holalkere Taluk. ..Respondents
(By Sri B.M. Siddappa, Adv., for R2;
R1 served)
M.F.A filed under Section 173(1) of M.V. Act against
the Judgment and Award dated 3.7.2006 passed in MVC
No.263/2005 on the file of the Civil Judge (Sr. Dn.,) and
MACT., Holalkere, awarding a compensation of Rs.17,800/-
with interest @ 6% P.A. from the date of petition till the
deposit.
5
IN M.F.A. No.12214/2006
BETWEEN:
The Divisional Manager
M/s. National Insurance Co., Ltd.,
Chigateri Merchantile Building
Chamarajpet, Davangere
Represented by
The Manager
Bangalore Regional Office
Subhram Complex
144, Mahatma Gandhi Road
Bangalore-560 001. ..Appellant
(By Sri C.M. Poonacha, Adv.,)
AND :
1. Ningamma
W/o Mallappa
Aged 55 years
R/o Hanumali
Dogganal Post
Ramagiri Hobli
Holalkere Taluk.
2. G.B. Suresh
S/o Basappa
Age 45 years
R/o Deverahosahalli
Holalkere Taluk. ..Respondents
(By Sri B.M. Siddappa, Adv., for R2;
R1 served)
6
M.F.A filed under Section 173(1) of M.V. Act against
the Judgment and Award dated 3.7.2006 passed in MVC
No.262/2005 on the file of the Civil Judge(Sr. Dn.) and
MACT., Holalkere, awarding a compensation of Rs.19,200/-
with interest @ 6% P.A. from the date of petition till the
deposit.
These matters coming on for final hearing this day,
the Court made the following :
ORDER
By the impugned awards, the Tribunal below has awarded compensation of Rs.6,800/-, Rs.4,000/-, Rs.19,200/- and Rs.17,800/- respectively in four matters. The Tribunal though had come to the conclusion that the Insurance Company is not liable to pay compensation, directed the Insurance Company to pay the amount awarded with liberty to recover the same from the owner of the vehicle. The Tribunal has relied upon the judgment of the Apex Court in the case of PRAMOD KUMAR A. & OTHERS
-vs- SMT. MUSHTARI B. & OTHERS reported in ILR 2004 Kar 4622.
7
2. Learned counsel for the petitioners/appellants submits that the Tribunal is not justified in directing the Insurance Company to pay compensation and thereafter to recover the same from the owner of the vehicle involved in the accident.
3. The Tribunal below has relied upon the aforementioned judgment of the Apex Court while coming to the conclusion. The Apex Court in yet number of cases including in the case of ORIENTAL INSURANCE COMPANY LIMITED -vs- NANJAPPAN reported in (2004)13 SCC 224 and in the case of NATIONAL INSURANCE COMPANY LIMITED -vs- BALJIT KAUR reported in (2004)2 SCC 1 has also directed the Insurance Company to pay compensation and thereafter recover the same from the insured. It is also clarified in NANJAPPAN'S case cited supra that the order itself may be treated as decree and the same has to be executed against the owner of the vehicle/insured. 8 Since the impugned order is based on the judgment of the Apex Court, no interference is called for.
All the four matters fail and the same stand dismissed.
Sd/-
JUDGE Gss/-