Shri Nanasaheb Chandappa Huddar vs Shri Praveen Babagouda Patil on 22 November, 2013

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Karnataka High Court

Shri Nanasaheb Chandappa Huddar vs Shri Praveen Babagouda Patil on 22 November, 2013

Bench: L. Narayana Swamy

                             1




             IN THE HIGH COURT OF KARNATAKA,
                      DHARWAD BENCH

        DATED THIS THE 22ND DAY OF NOVEMBER 2013

                           BEFORE

        THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY

                  MFA No.21727/2010 (MV)

BETWEEN:

SHRI.NANASAHEB CHANDAPPA HUDDAR,
AGE: MAJOR, OCC: BUSINESS,
R/O DODWAD, TQ. ATHANI, DIST: BELGAUM.
                                             ... APPELLANT
(BY SRI.ANIL KALE, ADV.)

AND:

1.     SHRI.PRAVEEN BABAGOUDA PATIL,
       AGE: 28 YEARS, OCC: AGRICULTURE,
       R/O ANANTAPUR, TQ. ATHANI, DIST: BELGAUM.

2.   THE UNITED INDIA INSURANCE CO.LTD.,
     BRANCH ASHOK NAGAR, NIPPANI,
     MARUTI GALLI, BELGAUM.
                                        ... RESPONDENTS
(BY SRI)

     THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DATED 14.09.2009 PASSED IN MVC No.347/2004 ON
THE FILE OF THE FAST TRACK IV AND MACT, BELGAUM,
AWARDING THE COMPENSATION OF RS.1,52,000/- WITH
INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF
PETITION TILL ITS DEPOSIT.
                                   2




    THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                               JUDGMENT

Appeal by the owner challenging the judgment and award passed by the MACT, Belgaum in MVC No.347/2004.

2. The ground urged by the appellant counsel is that the Tribunal committed an error in fastening the liability on the owner on the ground that the vehicle which caused the accident was not insured with the insurance company and R.C.Book stands in the name of the appellant. The appellant states that the insurance company committed an error in making wrong entry against KA23/K-8941 instead of KA23/L-1310.

3. This submission cannot be accepted at this length of time. If it is an error committed by the insurance company, that should have been rectified by approaching the insurance company or by approaching the Civil Court for declaration. At this juncture, after the lapse of 10 years from the date of accident, it is not open for this Court to interfere.

4. The aims and objects of the Motor Vehicle Act is to render justice to the victim by way of compensation and to see, it reaches the victim at the earliest. In the instant case, for the one reason or the other, the appellant is litigating the matter by approaching this Court and also contesting before the Tribunal.

5. I do not find any good reason to admit this appeal. Accordingly, the appeal stands dismissed at the stage of admission itself.

6. The appellant is directed to satisfy the award within two weeks from the date of receipt of copy of this judgment.

Sd/-

JUDGE MBS/-

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Karnataka High Court