Karnataka High Court
The New India Assurance Co Ltd., vs Basappa Reddy Huchannavar on 25 March, 2013
Author: N.Ananda
Bench: N.Ananda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF MARCH 2013
BEFORE
THE HON'BLE MR.JUSTICE N.ANANDA
MISCELLANEOUS FIRST APPEAL NO.9840 OF 2010 (MV)
C/W MISCELLANEOUS FIRST APPEAL NOS.9847/2010,
9846/2010, 9845/2010, 9844/2010 & 9843/2010
In MFA No.9840/2010
BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD.
BR. OFFICE, CODE - 160
701, KMS COMPLEX, JALAGAON
JALAGAON DISTRICT
MAHARASHTRA - 425 001
NOW REPRESENTED BY ITS
MANAGER AT ITS
REGIONAL OFFICE, 2-B
UNITY BUILDING ANNEX
MISSION ROAD
BANGALORE - 560 027 ... APPELLANT
(BY SRI.A.K.BHAT, ADVOCATE)
AND:
1. BASAPPA REDDY HUCHANNAVAR
AGED 48 YEARS
S/O PANDAPPA HUCHANNAVAR
R/O AGASIKOPPA BUILDING
UDAYA NAGAR, HUBLI ROAD
GADAGA - 528 101
2. THE NATIONAL INSRUANCE CO. LTD.
BRANCH OFFICE
2
RENUKA ARCADE, STATION ROAD
GADAGA - 528 101
BY ITS MANAGER
3. MURUJESAN KALUVA THEVAR
MAJOR BY AGE
A/P 26, SADGURU NAGAR
M.I.D.C. JALGAON
JALGAON DISTRICT
MAHARASHTRA - 425 001
4. AMINABI
AGED 68 YEARS
W/O ABDUL SATTAR
5. SAJIDA BHANU, 27 YEARS
6. ASIF SHEIKH, 24 YEARS
7. ASHFAN SHEIKH, 21 YEARS
8. IRFAN SHEIKH, 21 YEARS
RESPONDENTS 5 TO 8 ARE
CHILDREN OF LATE
MOHAMMED YOUSUFF SHEIKH
RESPONDENTS 4 TO 8 ARE
R/AT AFIZA MANZIL
NEAR MUKKA BUS STAND
MUKKA - 574 177
MANGALORE
DAKSHNIA KANNA DA DIST. ... RESPONDENTS
(SRI.MAHESH PRASAD N, ADVOCATE FOR
SRI. A.N.KRISHNASWAMY, ADVOCATE
FOR RESPONDENT NO.2
RESPONDENTS 1 AND 3 TO 8 ARE SERVED)
*****
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.3.2010 PASSED IN
3
MVC NO.475/2007 ON THE FILE OF PRESIDNG OFFICER,
FAST TRACK COURT, KUNDAPURA, AWARDING A
COMPENSATION OF RS.12,24,400/- WITH INTEREST AT
6% P.A. FROM THE DATE OF PETITION TILL REALISATION.
In MFA No.9847/2010
BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD.
BR. OFFICE, CODE - 160
701, KMS COMPLEX, JALAGAON
JALAGAON DISTRICT
MAHARASHTRA - 425 001
NOW REPRESENTED BY ITS
MANAGER AT ITS
REGIONAL OFFICE, 2-B
UNITY BUILDING ANNEX
MISSION ROAD
BANGALORE - 560 027 ... APPELLANT
(BY SRI.A.K.BHAT, ADVOCATE)
AND:
1. BASAPPA REDDY HUCHANNAVAR
AGED 48 YEARS
S/O PANDAPPA HUCHANNAVAR
R/O AGASIKOPPA BUILDING
UDAYA NAGAR, HUBLI ROAD
GADAGA - 528 101
2. THE NATIONAL INSRUANCE CO. LTD.
BRANCH OFFICE
RENUKA ARCADE, STATION ROAD
GADAGA - 528 101
BY ITS MANAGER
3. MURUJESAN KALUVA THEVAR
MAJOR BY AGE
A/P 26, SADGURU NAGAR
M.I.D.C. JALGAON
4
JALGAON DISTRICT
MAHARASHTRA - 425 001
4. SAJIDA BHANU
AGED 27 YEARS
D/O MOHAMMED YOUSUFF SHEIKH
5. ASIF SHEIKH, 24 YEARS
S/O MOHAMMED YOUSUFF SHEIKH
6. ASHFAN SHEIKH, 21 YEARS
S/O MOHAMMED YOUSUFF SHEIKH
7. IRFAN SHEIKH, 21 YEARS
S/O MOHAMMED YOUSUFF SHEIKH
8. JAMILA BAHNU, 73 YEARS
W/O LATE MOHAMMED HUSSAIN
RESPONDENTS 4 TO 8 ARE
R/AT AFIZA MANZIL
NEAR MUKKA BUS STAND
MUKKA - 574 177
MANGALORE
DAKSHNIA KANNA DA DIST. ... RESPONDENTS
(SRI.MAHESH PRASAD N, ADVOCATE FOR
SRI. A.N.KRISHNASWAMY, ADVOCATE
FOR RESPONDENT NO.2
RESPONDENTS 1 AND 3 TO 8 ARE SERVED)
*****
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT AGAINST THE
COMMON JUDGMENT AND AWARD DATED 31.3.2010
PASSED IN MVC NO.487/2007 ON THE FILE OF PRESIDNG
OFFICER, FAST TRACK COURT, KUNDAPURA, AWARDING
A COMPENSATION OF RS.11,94,300/- WITH INTEREST AT
6% P.A. FROM THE DATE OF PETITION TILL REALISATION.
5
In MFA No.9846/2010
BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD.
BR. OFFICE, CODE - 160
701, KMS COMPLEX, JALAGAON
JALAGAON DISTRICT
MAHARASHTRA - 425 001
NOW REPRESENTED BY ITS
MANAGER AT ITS
REGIONAL OFFICE, 2-B
UNITY BUILDING ANNEX
MISSION ROAD
BANGALORE - 560 027 ... APPELLANT
(BY SRI.A.K.BHAT, ADVOCATE)
AND:
1. BASAPPA REDDY HUCHANNAVAR
AGED 48 YEARS
S/O PANDAPPA HUCHANNAVAR
R/O AGASIKOPPA BUILDING
UDAYA NAGAR, HUBLI ROAD
GADAGA - 528 101
2. THE NATIONAL INSRUANCE CO. LTD.
BRANCH OFFICE
RENUKA ARCADE, STATION ROAD
GADAGA - 528 101
BY ITS MANAGER
3. MURUJESAN KALUVA THEVAR
MAJOR BY AGE
A/P 26, SADGURU NAGAR
M.I.D.C. JALGAON
JALGAON DISTRICT
MAHARASHTRA - 425 001
4. SMT.SHAMEEM SHEIKH
AGED 41 YEARS
W/O ABDUL RASHEED SHEIKH
6
R/AT AFIZA MANZIL
NEAR MUKKA BUS STAND
MUKKA - 574 177
MANGALORE
DAKSHNIA KANNA DA DIST. ... RESPONDENTS
(SRI. A.N.KRISHNASWAMY, ADVOCATE
FOR RESPONDENT NO.2
RESPONDENTS 1, 3 AND 4 ARE SERVED)
*****
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT AGAINST THE
COMMON JUDGMENT AND AWARD DATED 31.3.2010
PASSED IN MVC NO.478/2007 ON THE FILE OF PRESIDNG
OFFICER, FAST TRACK COURT, KUNDAPURA, AWARDING
A COMPENSATION OF RS.1,22,900/- WITH INTEREST AT
6% P.A. ON RS.1,14,900/- FROM THE DATE OF PETITION
TILL REALISATION.
In MFA No.9845/2010
BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD.
BR. OFFICE, CODE - 160
701, KMS COMPLEX, JALAGAON
JALAGAON DISTRICT
MAHARASHTRA - 425 001
NOW REPRESENTED BY ITS
MANAGER AT ITS
REGIONAL OFFICE, 2-B
UNITY BUILDING ANNEX
MISSION ROAD
BANGALORE - 560 027 ... APPELLANT
(BY SRI.A.K.BHAT, ADVOCATE)
AND:
1. BASAPPA REDDY HUCHANNAVAR
AGED 48 YEARS
S/O PANDAPPA HUCHANNAVAR
7
R/O AGASIKOPPA BUILDING
UDAYA NAGAR, HUBLI ROAD
GADAGA - 528 101
2. THE NATIONAL INSRUANCE CO. LTD.
BRANCH OFFICE
RENUKA ARCADE, STATION ROAD
GADAGA - 528 101
BY ITS MANAGER
3. MURUJESAN KALUVA THEVAR
MAJOR BY AGE
A/P 26, SADGURU NAGAR
M.I.D.C. JALGAON
JALGAON DISTRICT
MAHARASHTRA - 425 001
4. RAHEEN SHEIKH
AGED 12 YEARS
D/O ABDUL RASHEED SHEIKH
A MINOR REPRESENTED BY
HER FATHER NATURAL GUARDIAN
ABDUL RASHEED SHEIK
AGED 51 YEARS
S/O MOHAMMED HASSAN SHEIKH
R/AT AFIZA MANZIL
NEAR MUKKA BUS STAND
MUKKA - 574 177
MANGALORE
DAKSHNIA KANNADA DIST. ... RESPONDENTS
(SRI. A.N.KRISHNASWAMY, ADVOCATE
FOR RESPONDENT NO.2
RESPONDENTS 1 AND 4 ARE SERVED
RESPONDENT NO.3 - NOTICE DISPENSED WITH)
*****
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT AGAINST THE
COMMON JUDGMENT AND AWARD DATED 31.3.2010
PASSED IN MVC NO.480/2007 ON THE FILE OF PRESIDNG
OFFICER, FAST TRACK COURT, KUNDAPURA, AWARDING
8
A COMPENSATION OF RS.47,800/- WITH INTEREST AT 6%
P.A. FROM THE DATE OF PETITION TILL REALISATION.
In MFA No.9844/2010
BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD.
BR. OFFICE, CODE - 160
701, KMS COMPLEX, JALAGAON
JALAGAON DISTRICT
MAHARASHTRA - 425 001
NOW REPRESENTED BY ITS
MANAGER AT ITS
REGIONAL OFFICE, 2-B
UNITY BUILDING ANNEX
MISSION ROAD
BANGALORE - 560 027 ... APPELLANT
(BY SRI.A.K.BHAT, ADVOCATE)
AND:
1. BASAPPA REDDY HUCHANNAVAR
AGED 48 YEARS
S/O PANDAPPA HUCHANNAVAR
R/O AGASIKOPPA BUILDING
UDAYA NAGAR, HUBLI ROAD
GADAGA - 528 101
2. THE NATIONAL INSRUANCE CO. LTD.
BRANCH OFFICE
RENUKA ARCADE, STATION ROAD
GADAGA - 528 101
BY ITS MANAGER
3. MURUJESAN KALUVA THEVAR
MAJOR BY AGE
A/P 26, SADGURU NAGAR
M.I.D.C. JALGAON
JALGAON DISTRICT
MAHARASHTRA - 425 001
9
4. SAMEER SHEIKH
AGED 21 YEARS
S/O ABDUL RASHEED SHEIKH
R/AT AFIZA MANZIL
NEAR MUKKA BUS STAND
MUKKA - 574 177
MANGALORE
DAKSHNIA KANNADA DIST. ... RESPONDENTS
(SRI.MAHESHA PRASAD N, ADVOCATE FOR
SRI. A.N.KRISHNASWAMY, ADVOCATE
FOR RESPONDENT NO.2
RESPONDENTS 1 AND 3 ARE SERVED
RESPONDENT NO.4 - NOTICE DISPENSED WITH)
*****
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT AGAINST THE
COMMON JUDGMENT AND AWARD DATED 31.3.2010
PASSED IN MVC NO.477/2007 ON THE FILE OF PRESIDNG
OFFICER, FAST TRACK COURT, KUNDAPURA, AWARDING
A COMPENSATION OF RS.38,200/- WITH INTEREST AT 6%
P.A. FROM THE DATE OF PETITION TILL REALISATION.
In MFA No.9843/2010
BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD.
BR. OFFICE, CODE - 160
701, KMS COMPLEX, JALAGAON
JALAGAON DISTRICT
MAHARASHTRA - 425 001
NOW REPRESENTED BY ITS
MANAGER AT ITS
REGIONAL OFFICE, 2-B
UNITY BUILDING ANNEX
MISSION ROAD
BANGALORE - 560 027 ... APPELLANT
(BY SRI.A.K.BHAT, ADVOCATE)
10
AND:
1. BASAPPA REDDY HUCHANNAVAR
AGED 48 YEARS
S/O PANDAPPA HUCHANNAVAR
R/O AGASIKOPPA BUILDING
UDAYA NAGAR, HUBLI ROAD
GADAGA - 528 101
2. THE NATIONAL INSRUANCE CO. LTD.
BRANCH OFFICE
RENUKA ARCADE, STATION ROAD
GADAGA - 528 101
BY ITS MANAGER
3. MURUJESAN KALUVA THEVAR
MAJOR BY AGE
A/P 26, SADGURU NAGAR
M.I.D.C. JALGAON
JALGAON DISTRICT
MAHARASHTRA - 425 001
4. RUKSAR SHEIKH
AGED 16 YEARS
D/O ABDUL RASHEED SHEIKH
A MINOR REPRESENTED BY
HER FATHER NATURAL GUARDIAN
ABDUL RASHEED SHEIK
AGED 51 YEARS
S/O MOHAMMED HASSAN SHEIKH
R/AT AFIZA MANZIL
NEAR MUKKA BUS STAND
MUKKA - 574 177
MANGALORE
DAKSHNIA KANNADA DIST. ... RESPONDENTS
(SRI. A.N.KRISHNASWAMY, ADVOCATE
FOR RESPONDENT NO.2
RESPONDENTS 1, 3 AND 4 ARE SERVED)
*****
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT AGAINST THE
COMMON JUDGMENT AND AWARD DATED 31.3.2010
11
PASSED IN MVC NO.476/2007 ON THE FILE OF PRESIDNG
OFFICER, FAST TRACK COURT, KUNDAPURA, AWARDING
A COMPENSATION OF RS.33,200/- WITH INTEREST AT 6%
P.A. FROM THE DATE OF PETITION TILL REALISATION.
THESE APPEALS COMING ON FOR HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT
The insurance company has filed these appeals to set aside the impugned awards, inter alia contending that driver of Scorpia Jeep bearing No.MH-19-AE-1188 was guilty of absolute negligence. The Tribunal was not justified in apportioning negligence in the ratio of 50:50 amongst driver of lorry bearing No.KA-26-4103 (insured with appellant insurance company) and driver of Mahindra Scorpia Jeep bearing No.MH-19-AE-1188.
2. I have heard Sri A.K.Bhat, learned counsel for appellant and learned counsel for respondents. 12
3. It is established from evidence on record that claimants and deceased persons were travelling in Mahendra Scorpio Jeep bearing No.MH-19-AE-1188 and jeep dashed against lorry bearing No.KA-26-4103 from its behind. As a result, 4 inmates of the car succumbed to injuries and other inmates (claimants herein) suffered injuries.
4. The claimants had made unsuccessful attempts to establish that lorry bearing No.KA-26-4103 which was proceeding ahead of Mahindra Scorpio was abruptly stopped, therefore, driver of Mahendra Scorpio Jeep dashed against lorry from it's behind.
The Tribunal on critical analysis of evidence adduced by the parties, has held that lorry bearing No.KA-26-4103 had gone out of order and it had been parked on road without any indication and lorry had covered major portion of road.
13
5. The Tribunal on critical analysis of evidence of driver of lorry has held that indicator lamps were not burning and he had not taken precaution to indicate the presence of stationary lorry on the road. The Tribunal following the decision of this Court reported in 2009 ACJ 2600 (KARNATAKA) (Oriental Insurance Co. Ltd. vs. Chennappa Shettigar and others) has held that driver of Scorpio Jeep bearing No.MH-19-AE- 1188, as well as driver of lorry bearing No.KA-26-4103 were equally negligent for the cause of accident. The above facts established from evidence on record would justify the findings of Tribunal. Therefore, the contention of learned counsel for insurance company that driver of Scorpio jeep bearing No.MH-19-AE-1188 was guilty of absolute negligence and driver of lorry bearing No.KA-26-4103 had taken all precautions to indicate presence of a stationary lorry on road, cannot be accepted. In the circumstances, there are no reasons to interfere with the findings of the Tribunal. 14
6. In the result, I pass the following order:
The appeals are dismissed. The amount deposited by the insurance company shall be transferred to Tribunal.
Sd/-
JUDGE AHB