Karnataka High Court
The Oriental Insurance Co Ltd Hubli vs Smt Guduma Begum W/O Lt Sikandar Basha on 9 April, 2012
Author: Subhash B.Adi
Bench: Subhash B.Adi
:1:
IN THE HIGH COURT
OF KARNATAKA
CIRCUIT BENCH AT DH
ARWAD
DATED THIS THE 9
T H
DAY OF APRIL, 2012
BEFORE
THE HON'BLE MR.JU
STICE SUBHASH B. AD
I
M. F. A. No.1775/2
007 (MV)
M.F.A. NOs.1779/2 C/ W
007, 3588/2007, 3589
1776/2007, 1777/200 /2007, 1774/2007,
7, 1778/2007, 1781
1783/2007, 1784/200 /2007, 1782/2007,
7, 1785/2007, 1786
3580/2007, 3582/200 /2007, 1787/2007,
7, 3583/2007, 3584
3587/2007, 3591/200 /2007, 3586/2007,
7 AND 3592/2007
M. F. A. No.1775/2
007
BETWEEN:
THE ORIENTAL INSU
RANCE CO., LTD.,
HUBLI BRANCH,
THROUGH ITS REGION
AL OFFICE,
LEO SHOPPING COM
PLEX,
# 44/45, RESIDENCY
ROAD,
BANGALORE-560 025.
REP. BY ITS MANAG
ER.
SRI. K. VARADARAJA
N.
APPELLANT
(BY SRI.N.R.KUPPEL
UR, ADV)
:2:
AND:
SMLGUDUMA BEGUM,
W/O. LATE SIKANDAR BA
SHA
@ SIKANDAR GUDAGERI,
AGED ABOUT 30 YEARS.
2. KUM. MOHASINA,
D/O. LATE SIKANDAR BA
SHA
@ SIKANADAR GUDAGERI,
AGED ABOUT 08 YEARS,
SINCE MINOR, REP. BY HE
R MOTHER
AND NATURAL GUARDIAN
,
THE I RESPONDENT HERE
IN.
3. SMT. KHULUSEEMA BEGU
M,
S/O. MEHABUBSAB GUDA
GERI,
AGED ABOUT 62 YEARS.
R-1 TO R-3 ARE RESIDEN
T OF KAMADOLLI,
KUNDAGOL TALUK, DHAR
WAD DISTRICT.
4. SRI. B.S.YARADDI,
AGED ABOUT 35 YEARS,
RESIDENT OF HOSALLI,
TALUK: KUNDAGOL, DHAR
WAD DISTRICT,
(OWNER OF TEMPO NO
.KA-26/1905)
5. MR. R. GUNASEKHARAN,
MAJOR,
Sb. RANGASWAMY,
GR-56, PERICHI PALYAM,
KARUR DISTRICT, TAMILN
ADU STATE.
6) UNITED INDIA INSURANC
E CO., LTD.,
BRANCH: 12-A, KOVAI RO
AD,
KARUR-639002, TAMIL NA
DU STATE.
(INSURER OF LORRY NOJN
-45/Z-2217)
:3:
RESPONDENTS
(BY SRI. HANAMANTH R. LA
TUR FO
SMT.ARUNA DESHPANDE FOR R R'4, ADV.,
R-6, ADV.,)
THIS MFA IS FILED UNDER
ACT AGAINST ThE JUDG SECTION 173 (1) OF MV
MENT AND AWARD DATE
31/10/2006 PASSED IN MV
C NO. 260/2000 ON THE FIL D
ThE CIVIL JUDGE (SR.DN.) E OF
& AMACT, HAVERI, AWARDI
COMPENSATION OF RS.4,04 NG
,000/- WITH INTEREST
P.A. FROM THE DATE OF Ptiii @ 6%
iON TILL REALISATION.
M. F. A. No.1779/2007
BETWEEN:
THE ORIENTAL INSURANCE
CO., LTD.,
HUBLI BRANCH,
ThROUGH ITS REGIONAL OF
FICE,
LEO SHOPPING COMPLEX,
# 44/45, RESIDENCY ROAD
,
BANGALORE-560 025.
REP. BY ITS MANAGER.
SRI. K. VARADARAJAN.
APPELLANT
(BY SRI.N.R.KUPPELUR, ADV)
AND:
1. SRI.NEELAPPA,
S/O. BAMAPPA SUNAGAR,
AGED 41 YEARS,
RESIDENT OF KAMADOLLI,
TALUK:KUNDAGOL, DHARWA
D DISTRICT.
2. SRI. B.S.YARADDI,
AGED ABOUT 35 YEARS,
RESIDENT OF HOSALU,
:4:
TALUK:KUNDAGOL, DHAR
WAD DISTRICT.
(OWN ER OF TEMPO NO.K
A-26/1905)
3. MR.R.GUNASEKHARAN, MA
JOR,
S/C. RANGASWAMY,
GR-56, PERICHI PALYAM
,
KARUR DISTRICT, TAMILN
ADU STATE.
4. UNITED INDIA INSURANC
E CO., LTD.,
BRANCH:12-A, KOVAI RO
AD,
KARUR-639002, TAMIL NA
DU STATE.
(INSURER OF LORRY NO.T
N-45/Z-2217)
...RESPONDENTS
(BY SRI. HANAMANTH R.
LATUR FOR R-2, ADV.,
SMT.ARUNA DESHPANDE
FOR R-4, ADV.,)
THIS MFA IS FILED UN
DER SECTION 173 (1)
ACT AGAINST THE OF MV
JUDGMENT AND AWAR
31/10/2006 PASSED IN D DATED
MVC NO. 329/2000 ON TH
THE CIVIL JUDGE (SR.DN E FILE OF
.) & AMACT, HAVERI, AW
COMPENSATION OF RS ARDING
.10,000/- WITH INTEREST
FROM THE DATE OF PETIT © 6% P.A.
ION TILL REALISATION.
M. F. A. No.3588/2007
BETWEEN:
R.GUNASEKARAN, MAJOR,
S/C. G.R.RANGASWAMY,
GR. 56, PERICHI PALAYAM,
KARUR DIST, TAMILNAD ST
ATE.
APPELLANT
(BY SMT.ARUNA DESHPA
NDE, ADV)
:5:
AND:
1. MALLESHAPPA HANUMANTHAPPA
TALWAR,
AGED 39 YEARS,
OCC:BUSINESS R/O.CHIKKA
HARAKUNI,
KUNDGOL TALUK, GADAG DI
ST.
2. B.S.YARADDI, MAJOR,
R/O. HOSALLI,
GADAG TALUK & DIST.
3. ORIENTAL INSURNACE CO.LT
D.,
BRANCH, APMC YARD, GADA
G.
BY ITS MANAGER.
4. UNITED INDIA INSURANCE
CO.LTD.,
BRANCH OFFICE, 12-A, KOVA
I ROAD,
KARUR-639 002, TAMILNAD
STATE,
NEAREST BRANCH, UNITED
INDIA
INSURANCE CO.LTD., LAMIN
GTON
ROAD, HUBLI.
BY ITS MANAGER.
...RESPONDENTS
(BY SRI. N.R.KUPPELLUR FO
R R-3, ADV.,
SRI. LAXMAN B. MAN NODD
AR FOR R-4, ADV.,)
THIS MFA IS FILED UNDER
ACT AGAINST THE JUD SECTION 173 (1) OF MV
GMENT AND AWARD DA
31/10/2006 PASSED IN MV TED
C NO. 34/2001 ON THE FILE
THE CIVIL JUDGE (SR.DN OF
.) & AD DL . MA CT , HAVERI,
AWARDING COMPENSATION
OF RS.12,000/- WITH INTE
© 6% P.A. FROM THE DATE OF PE REST
TITION TILL REALISATION.
:6:
M. F. A. No.3589/2007
BETWEEN:
R.GUNASEKARAN, MAJOR,
5/0. G.R.RANGASWAMY,
GR. 56, PERICHI PALAYAM,
KARUR DIST, TAMILNAD STATE.
APPELLANT
(BY SMT.ARUNA DESHPANDE, AD
V)
AND:
1. VIRUPAXAPPA BHEEMANAGOUDA
AGED 47 YEARS,
0CC: BUSINESS RIO. KAMADOLLI
,
KUNDAGOL TALUK, GADAG DIST
.
2. B.S.YARADDI, MAJOR,
R/O. HOSALLI,
GADAG TALUK & DIST.
3. ORIENTAL INSURANCE CO.LTD.,
BRANCH, APMC YEARD, GADAG,
BY ITS MANAGER.
4. UNITED INDIA INSURANCE C0.LT
D.,
BRANCH OFFICE, 12-A, KOVAI RA
OD
KARUR-639 002, TAMILNAD STATE, ,
NEAREST BRANCH, UNITED INDIA
INSURANCE CO. LTD., LAMINGTON
ROAD, HUBLI.
:7:
...RESPONDENTS
(BY SRI. M.K.SOUDAGAR FO
R R-3, ADV.,
SRI. LAXMAN B. MANNODDAR
FOR R-4, ADV.,)
THIS MFA IS FILED UNDER
SECTION 173 (1) OF MV
ACT AGAINST THE JUDGM
ENT AND AWARD DATED
31/10/2006 PASSED IN MVC
NO. 36/2001 ON THE FILE OF
THE CIVIL JUDGE (SR.DN
.) & ADDL. MACT, HAVERI,
AWARDING COMPENSATION OF RS.1,72,920/- WITH
INTEREST © 6% P.A. FROM
THE DATE OF PETITION TILL
REALISATION.
M. F. A. No.1774/2007
BETWEEN:
THE ORIENTAL INSURANCE
CO. LTD.,
HUBLI BRANCH,
THROUGH ITS REGIONAL OFFIC
E,
LEO SHOPPING COMPLEX,
# 44/45, RESIDENCY ROAD,
BANGALORE-560 025.
REP. BY ITS MANAGER
SRI. K.VARADARAJAN.
APPELLANT
(BY SRI.N.R.KUPPELLUR, AD
V)
AND:
1. SMT.TAYERA BEGAM,
W/O. BASHASAB KAREKARI,
AGED ABOUT 28 YEARS,
RESIDENT OF KAMADOLLI,
TALUK:KUNDAGOL, DHARWAD
DISTRICT.
2. B.S.YARADDI,
AGED ABOUT 35 YEARS,
RESIDENT OF HOSALLI,
:8:
TALUK:KUNDAGOL, DHARWAD
DISTRICT.
(OWN ER OF TEMPO NO.KA-26
/1905)
3. MR.R.GUNASEKHARAN, MAJOR
,
S/O. RANGASWAMY,
GR-56, PERICHI PALYAM,
KARUR DISTRICT, TAMILNADU
STATE.
4. UNITED INDIA INSURANCE CO
.LTD.,
BRANCH, 12-A, KOVAI ROAD,
KARUR-639 002, TAMILNADU STA
TE,
(INSURER OF LORRY NO.TN-45
/Z-2217)
...RESPONDENTS
(BY SRI. HANAMANTH R. LATU
R R-2, ADV.,
SMT. ARUNA R. DESHPANDE FO
R R-4, ADV.,)
THIS MFA IS FILED UNDER
SECTION 173 (1) OF MV
ACT AGAINST THE JUDGM
ENT AND AWARD DATED
31/10/2006 PASSED IN MVC NO
. 258/2000 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.)
& ADDL. MACT, HAVERI,
AWARDING COMPENSATION OF RS.3,80,000/- WITH
INTEREST @ 6% P.A. FROM
THE DATE OF PETITION TILL
REALISATION.
M. F. A. No.1776/2007
BETWEEN:
THE ORIENTAL INSURANCE
CO. LTD.,
HUBLI BRANCH,
THROUGH ITS REGIONAL OFFIC
E,
LEO SHOPPING COMPLEX,
# 44/45, RESIDENCY ROAD,
BANGALORE-560 025.
REP. BY ITS MANAGER
SRI. K.VARADARAJAN.
APPELLANT
:9:
(BY SRI.N.R.KUPPELLUR, ADV)
AND:
AND:
1. SRLBAGESAB,
Sf0. HUSSAINSAB BARAWAD,
AGED ABOUT 46 YEARS,
RESIDENT OF KAMADOLLI,
TALUK: KUNDAGOL, DHARWAD DIS
TRICT.
2. B.S.YARADDI,
AGED ABOUT 35 YEARS,
RESIDENT OF HOSALLI,
TALUK:KUNDAGOL, DHARWAD DISTR
ICT.
(OWNER OF TEMPO N0.KA-26/1905)
3. MR.R.GUNASEKHARAN, MAJOR,
Sb. RANGASWAMY,
GR-56, PERICHI PALYAM,
KARUR DISTRICT, TAMILNADU STATE.
4. UNITED INDIA INSURANCE CO.LTD.,
BRANCH, 12-A, KOVAI ROAD,
KARUR-639 002, TAMILNADU STATE,
(INSURER OF LORRY NO.TN-45/Z-2
217)
...RESPONDENTS
(BY SMT. ARUNA R. DESHPANDE FO
R R-4, ADV.,)
THIS MFA IS FILED UNDER SECTIO
N 173 (1) OF MV
ACT AGAINST THE JUDGMEN
T AND AWARD DATED
31/10/2006 PASSED IN MVC NO. 261
/2000 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) & AMACT,
HAVERI, AWARDING
COMPENSATION OF RS.2,67,000/-
WITH INTEREST © 6%
P.A. FROM THE DATE OF PETITION
TILL REALISATION.
10:
M. F. A. No.1777/2007
BETWEEN:
THE ORIENTAL INSURANCE CO. LTD
.,
HUBLI BRANCH,
THROUGH ITS REGIONAL OFFICE,
LEO SHOPPING COMPLEX,
# 44/45, RESIDENCY ROAD,
BANGALORE-560 025.
REP. BY ITS MANAGER
SRI. K.VARADARAJAN.
APPELLANT
(BY SRI.N.R.KUPPELLUR, ADV)
AND:
1. SMT.NEELAVVA,
W/O. LATE NEELAPPA © NEELA
KANTAPPA,
AGED ABOUT 38 YEARS.
2. KUM.MAHADEVI,
D/O. LATE NEELAPPA © NEELAKA
NTAPPA,
AGED 22 YEARS,
3. KUM. MANJUNATH,
S/O. LATE NEELAPPA © NEELAKA
NTAPPA,
AGED ABOUT 20 YEARS.
4. KUM. HUTHAPPA,
S/O. LATE NEELAPPA © NEELAKANTAP
PA,
AGED ABOUT 19 YEARS,
R-1 TO R-4 ARE
R/A TARIGATTA, KUNDAGOL TA
LUK,
DHARWAD DISTRICT.
5. B.S.YARADDI,
AGED ABOUT 35 YEARS,
11:
RESIDENT OF HOSALLI,
TALUK:KUNDAGOL, DHARWAD DIS
TRICT.
(OWNER OF TEMPO NO.KA-26/19
05)
6. MR.R.GUNASEKHARAN, MAJOR,
S/O. RANGASWAMY,
GR-56, PERICHI PALYAM,
KARUR DISTRICT, TAMILNADU STA
TE.
7. UNITED INDIA INSURANCE CO.LT
D.,
BRANCH, 12-A, KOVAI ROAD,
KARUR-639 002, TAMILNADU STA
TE,
(INSURER OF LORRY NO.TN-45/Z-2
217)
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR,
FOR R-2, ADV.,
SMLARUNA DESHAPANDE FOR R-7
, ADV.,)
THIS MFA IS FILED UNDER SEC
TION 173 (1) OF MV
ACT AGAINST THE JUDGMEN
T AND AWARD DATED
31/10/2006 PASSED IN MVC NO
. 262/2000 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.)
& AMACT, HAVERI, AWARDING
COMPENSATION OF RS.3,32,000/
- WITH INTEREST @ 6%
P.A. FROM THE DATE OF PETITI
ON TILL REALISATION.
M. F. A. No.1778/2007
BETWEEN:
THE ORIENTAL INSURANCE CO
. LTD.,
HUBLI BRANCH,
THROUGH ITS REGIONAL OFFIC
E,
LEO SHOPPING COMPLEX,
# 44/45, RESIDENCY ROAD,
BANGALORE-560 025.
REP. BY ITS MANAGER
SRI. K.VARADARAJAN.
APPELLANT
12:
(BY SRI.N.R.KUPPELLUR, ADV)
AND:
1. SRLAKBARSAB,
S/O. KHADARSAB BAGALDAR,
AGED 24 YEARS,
RESIDENT OF KAMADOLLI,
TALUK:KUNDAGOL, DHARWAD DIS
TRICT.
2. B.S.YARADDI,
AGED ABOUT 35 YEARS,
RESIDENT OF HOSALLI,
TALUK:KUNDAGOL, DHARWAD DIS
TRICT.
(OWN ER OF TEMPO NO.KA-26/1905)
3. MR.R.GUNASEKHARAN, MAJOR,
S/0. RANGASWAMY,
GR-56, PERICHI PALYAM,
KARUR DISTRICT, TAMILNADU STA
TE.
4. UNITED INDIA INSURANCE CO.LT
D,
BRANCH, 12-A, KOVAI ROAD,
KARUR-639 002, TAMILNADU STA
TE,
(INSURER OF LORRY NO.TN-45/Z-2
217)
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR, FO
R R-2, ADV.,
SMT.ARUNA DESHAPANDE FOR R-4
, ADV.,)
THIS MFA IS FILED UNDER SECTIO
N 173 (1) OF MV
ACT AGAINST THE JUDGMEN
T AND AWARD DATED
31/10/2006 PASSED IN MVC NO.
328/2000 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) & AM
ACT, HAVERI, AWARDING
COMPENSATION OF RS.20,000/- WI
TH INTEREST © 6% P.A.
FROM THE DATE OF PETITION TIL
L REALISATION.
13:
M. F. A. No.1781/2007
BETWEEN:
THE ORIENTAL INSURANCE CO. LTD
.,
HUBLI BRANCH,
THROUGH ITS REGIONAL OFFICE,
LEO SHOPPING COMPLEX,
# 44/45, RESIDENCY ROAD,
BANGALORE-560 025.
REP. BY ITS MANAGER
SRI. K.VARADARAJAN.
APPELLANT
(BY SRI.N.R.KUPPELLUR, ADV)
AND:
1. SRI.MOHAMMAD RAFIQ,
S/C. RAJESHSAB JIGALUR,
AGED 30 YEARS,
RESIDENT OF KAMADOLLI,
TALUK:TARIGATTI, DHARWAD DIS
TRICT.
2. B.S.YARADDI,
AGED ABOUT 35 YEARS,
RESIDENT OF HOSALLI,
TALUK:KUNDAGOL, DHARWAD DIS
TRICT.
(OWNER OF TEMPO NO.KA-26/1905)
3. MR.R.GUNASEKHARAN, MAJOR,
S/0. RANGASWAMY,
GR-56, PERICHI PALYAM,
KARUR DISTRICT, TAMILNADU STA
TE.
4. UNITED INDIA INSURANCE CO.LT
D.,
BRANCH, 12-A, KOVAI ROAD,
KARUR-639 002, TAMILNADU STA
TE,
(INSURER OF LORRY NO.TN-45/Z-2
217)
14:
.RESPONDENTS
(BY SRI. HANAMANT R. LATUR, FO
R R-2, ADV.,
SMT.ARUNA DESHAPANDE FOR R-4
, ADV.,)
THIS MFA IS FILED UNDER SECTIO
N 173 (1) OF MV
ACT AGAINST THE JUDGMEN
T AND AWARD DATED
31/10/2006 PASSED IN MVC NO
. 330/2000 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) & AM
ACT, HAVERI, AWARDING
COMPENSATION OF RS.1,21,500/
- WITH INTEREST © 6%
P.A. FROM THE DATE OF PETITION
TILL REALISATION.
M. F. A. No.1782/2007
BETWEEN:
THE ORIENTAL INSURANCE CO
. LTD.,
HUBLI BRANCH,
THROUGH ITS REGIONAL OFFICE,
LEO SHOPPING COMPLEX,
# 44/45, RESIDENCY ROAD,
BANGALORE-560 025.
REP. BY ITS MANAGER
SRI. K.VARADARAJAN.
APPELLANT
(BY SRI.N.R.KUPPELLUR, ADV)
AND:
1. SRI.GDUSUSAB,
S/O. IMAMHUSSAINSAB HULAGUR,
AGED 41 YEARS,
RESIDENT OF TARIGHATTA,
TALUK:KUNDAGOL, DHARWAD DIS
TRICT.
2. B.S.YARADDI,
AGED ABOUT 35 YEARS,
15:
RESIDENT OF HOSALLI,
TALUK:KUNDAGOL, DHARWAD
DISTRICT.
(OWNER OF TEMPO NO.KA-26
/1905)
3. MR.R.GUNASEKHARAN, MAJOR,
5/0. RANGASWAMY,
GR-56, PERICHI PALYAM,
KARUR DISTRICT, TAMILNADU
STATE.
4. UNITED INDIA INSURANCE CO
.LTD.,
BRANCH, 12-A, KOVAI ROAD,
KARUR-639 002, TAMILNADU STA
TE,
(INSURER OF LORRY NO.TN-45
/Z-2217)
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR,
FOR R-2, ADV.,
SMT.ARUNA DESHAPANDE FO
R R-4, ADV.,)
THIS MFA IS FILED UNDER SEC
TION 173 (1) OF MV
ACT AGAINST THE JUDGM
ENT AND AWARD DATED
31/10/2006 PASSED IN MVC NO
. 33/2001 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.)
& AMACT, HAVERI, AWARDING
COMPENSATION OF RS.20,000/-
WITH INTEREST © 6% P.A.
FROM THE DATE OF PETITION
TILL REALISATION.
M. F. A. No.1783/2007
BETWEEN:
THE ORIENTAL INSURANCE CO
. LTD.,
HUBLI BRANCH,
THROUGH ITS REGIONAL OFFIC
E,
LEO SHOPPING COMPLEX,
# 44/45, RESIDENCY ROAD,
BANGALORE-560 025.
REP. BY ITS MANAGER
SRI. K.VARADARAJAN.
APPELLANT
16:
(BY SRI.N.R.KUPPELLUR, ADV)
AND:
1. SRI. MALLESHAPPA
S/O. HANUMANTHAPPA TALWAR
,
AGED 42 YEARS,
RESIDENT OF CHIKKAHARAKUN
I,
TALUK: KUNDAGOL, DHARWAD
DISTRICT.
2. B.S.YARADDI,
AGED ABOUT 35 YEARS,
RESIDENT OF HOSALLI,
TALUK:KUNDAGOL, DHARWAD DIS
TRICT.
(OWNER OF TEMPO NO.KA-26
/1905)
3. MR.R.GUNASEKHARAN, MAJOR,
Sb. RANGASWAMY,
GR-56, PERICHI PALYAM,
KARUR DISTRICT, TAMILNADU
STATE.
4. UNITED INDIA INSURANCE CO
.LTD.,
BRANCH, 12-A, KOVAI ROAD,
KARUR-639 002, TAMILNADU STA
TE,
(INSURER OF LORRY NO.TN-45
/Z-2217)
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR,
FOR R-2, ADV.,
SMT.ARUNA DESHAPANDE FOR
R-4, ADV.,)
THIS MFA IS FILED UNDER SEC
TION 173 (1) OF MV
ACT AGAINST THE JUDGM
ENT AND AWARD DATED
31/10/2006 PASSED IN MVC NO
. 34/2001 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.)
& AMACT, HAVERI, AWARDING
COMPENSATION OF RS.12,000/-
WITH INTEREST @ 6 % P.A.
FROM THE DATE OF PETITION TIL
L REALISATION.
17:
M. F. A. No.1784/2007
BETWEEN:
THE ORIENTAL INSURANCE CO
. LTD.,
HUBLI BRANCH,
THROUGH ITS REGIONAL OFFIC
E,
LEO SHOPPING COMPLEX,
# 44/45, RESIDENCY ROAD,
BANGALORE-560 025.
REP. BY ITS MANAGER
SRI. K.VARADARAJAN.
APPELLANT
(BY SRI.N.R.KUPPELLUR, ADV)
AND:
1. SRI.VIRUPAXAGOUDA,
S/O. BHEEMANAGOUDA RAYANA
GOUDR,
AGED 46 YEARS,
RESIDENT OF KAMADOLLI,
TALUK:KUNDAGOL, DHARWAD DIS
TRICT.
2. B.S.YARADDI,
AGED ABOUT 35 YEARS,
RESIDENT OF HOSALLI,
TALUK:KUNDAGOL, DHARWAD
DISTRICT.
(OWNER OF TEMPO NO.KA-26/19
05)
3. MR.R.GUNASEKHARAN, MAJOR,
S/O. RANGASWAMY,
GR-56, PERICHI PALYAM,
KARUR DISTRICT, TAMILNADU STA
TE.
4. UNITED INDIA INSURANCE CO.LT
D.,
BRANCH, 12-A, KOVAI ROAD,
18:
KARUR-639 002, TAMILNADU STA
TE,
(INSURER OF LORRY NO.TN-45/Z-2
217)
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR,
FOR R-2, ADV.,
SMT.ARUNA DESHAPANDE FOR
R-4, ADV.,)
THIS MFA IS FILED UNDER SEC
TION 173 (1) OF MV
ACT AGAINST THE JUDGM
ENT AND AWARD DATED
31/10/2006 PASSED IN MVC NO
. 36/2001 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) &
AMACT, HAVERI, AWARDING
COMPENSATION OF RS.1,72,9
20/- WITH INTEREST © 6%
P.A. FROM THE DATE OF PETITION
TILL REALISATION.
M. F. A. No.1785/2007
BETWEEN:
THE ORIENTAL INSURANCE CO. LTD
.,
HUBLI BRANCH,
THROUGH ITS REGIONAL OFFICE,
LEO SHOPPING COMPLEX,
# 44/45, RESIDENCY ROAD,
BANGALORE-560 025.
REP. BY ITS MANAGER
SRI. K.VARADARAJAN.
APPELLANT
(BY SRI.N.R.KUPPELLUR, ADV)
AND:
1. SRI.BABUSAB,
S/O. JAFFARSAB KHAJI,
AGED 31 YEARS,
RESIDENT OF KAMADOLLI,
TALUK:KUNDAGOL, DHARWAD DIS
TRICT.
19:
2. B.S.YARADDI,
AGED ABOUT 35 YEARS,
RESIDENT OF HOSALLI,
TALUK:KUNDAGOL, DHARWAD DIS
TRICT.
(OWN ER OF TEMPO NO.KA-26/1905)
3. MR.R.GUNASEKHARAN, MAJOR,
S/O. RANGASWAMY,
GR-56, PERICHI PALYAM,
KARUR DISTRICT, TAMILNADU STA
TE.
4. UNITED INDIA INSURANCE CO.LT
D.,
BRANCH, 12-A, KOVAI ROAD,
KARUR-639 002, TAMILNADU STA
TE,
(INSURER OF LORRY NO.TN-45/Z-2
217)
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR, FO
R R-2, ADV.,
SMT.ARUNA DESHAPANDE FOR R-4
, ADV.,)
THIS MFA IS FILED UNDER SEC
TION 173 (1) OF MV
ACT AGAINST THE JUDGMEN
T AND AWARD DATED
31/10/2006 PASSED IN MVC NO
.176/2001 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) &
AMACT, HAVERI, AWARDING
COMPENSATION OF RS.1,35,300/
- WITH INTEREST @ 6%
P.A. FROM THE DATE OF PETITI
ON TILL REALISATION.
M. F. A. No.1786/2007
BETWEEN:
THE ORIENTAL INSURANCE CO. LTD
.,
HUBLI BRANCH,
THROUGH ITS REGIONAL OFFICE,
LEO SHOPPING COMPLEX,
# 44/45, RESIDENCY ROAD,
BANGALORE-560 025.
REP. BY ITS MANAGER
SRI. K.VARADARAJAN.
20:
APPELLANT
(BY SRLN.R.KUPPELLUR, ADV)
AND:
1. SRI.DODDU,
S/C. ALLABAX GUDADAR,
AGED 24 YEARS,
RESIDENT OF KAMADOLLI,
TALUK:KUNDAGOL, DHARWAD DIS
TRICT.
2. B.S.YARADDI,
AGED ABOUT 35 YEARS,
RESIDENT OF HOSALLI,
TALUK:KUNDAGOL, DHARWAD DIS
TRICT.
(OWNER OF TEMPO NO.KA-26/1905)
3. MR.R.GUNASEKHARAN, MAJOR,
S/C. RANGASWAMY,
GR-56, PERICHI PALYAM,
KARUR DISTRICT, TAMILNADU STA
TE.
4. UNITED INDIA INSURANCE CO.LT
D.,
BRANCH, 12-A, KOVAI ROAD,
KARUR-639 002, TAMILNADU STA
TE,
(INSURER OF LORRY NO.TN-45/Z-2
217)
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR,
FOR R-2, ADV.,
SMT.ARUNA DESHAPANDE FOR R-4
, ADV.,)
THIS MFA IS FILED UNDER SEC
TION 173 (1) OF MV
ACT AGAINST THE JUDGMEN
T AND AWARD DATED
31/10/2006 PASSED IN MVC NO
.190/2001 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) & AM
ACT, HAVERI, AWARDING
COMPENSATION OF RS.48,600/- WI
TH INTEREST © 6% P.A.
FROM THE DATE OF PETITION TILL
REALISATION.
21:
M. F. A. No.1787/2007
BETWEEN:
THE ORIENTAL INSURANCE CO. LTD
.,
HUBLI BRANCH,
THROUGH ITS REGIONAL OFFICE,
LEO SHOPPING COMPLEX,
# 44/45, RESIDENCY ROAD,
BANGALORE-560 025.
REP. BY ITS MANAGER
SRI. K.VARADARAJAN.
APPELLANT
(BY SRI.N.R.KUPPELLUR, ADV)
AND:
1. SRI.SHIVAPPA,
5/0. MARTHAPPA ARALIKATTI,
AGED 51 YEARS,
RESIDENT OF TARALAGATTA,
TALUK:KUNDAGOL, DHARWAD DISTR
ICT.
2. B.S.YARADDI,
AGED ABOUT 35 YEARS,
RESIDENT OF HOSALLI,
TALUK:KUNDAGOL, DHARWAD DISTR
ICT.
(OWNER OF TEMPO NO.KA-26/1905)
3. MR.R.GUNASEKHARAN, MAJOR,
S/O. RANGASWAMY,
GR-56, PERICHI PALYAM,
KARUR DISTRICT, TAMILNADU STATE.
4. UNITED INDIA INSURANCE CO.LTD.,
BRANCH, 12-A, KOVAI ROAD,
KARUR-639 002, TAMILNADU STATE,
(INSURER OF LORRY NO.TN-45/Z-2217
)
22
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR,
FOR R-2, ADV.,
SMT.ARUNA DESHAPANDE FOR
R-4, ADV.,)
THIS MFA IS FILED UNDER
SECTION 173 (1) OF MV
ACT AGAINST THE JUDGM
ENT AND AWARD DATED
31/10/2006 PASSED IN MVC
NO.192/2001 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.)
& AMACT, HAVERI, AWARDING
COMPENSATION OF RS,30,000/-
WITH INTEREST © 6% P.A.
FROM THE DATE OF PETITION
TILL REALISATION.
M. F. A. No.3580/2007
BETWEEN:
R.GUNASEKARAN, MAJOR,
Sb. G.R.RANGASWAMY,
GR.56, PERICHI PALAYAM,
KARUR DIST, TAMILNAD STATE
... APPELLANT
(BY SRI.O.MAHESH, ADV)
AND:
1. TAYERA BEGUM, AGED 29 YEAR
S,
W/O. BASHASAB KAREKARI,
0CC: COOLI, R/O. KAMADOLLI,
KUNDAGOL TALUK, DHARWAD
DIST.\
2. B.S.YARADDI, MAJOR,
R/O. HOSALLI,
GADAG TALUK & DIST.
3. ORIENTAL INSURANCE CO.LTD.,
BRANCH, APMC YARD, GADAG.
BY ITS MANAGER.
23
4. UNITED INDIA INSURANCE CO.LT
D.,
BRANCH OFFICE, 12-A KOVAI RO
AD,
KARUR-639 002, TAMILNAD STA
TE,
NEAREST BRANCH, UNITED INDIA
INSURANCE CO.LTD., LAMINGT
ON
ROAD, HUBLI.
BY ITS MANAGER.
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR, FO
R R-2, ADV.,
SRI. N.R.KUPPELUR, ADV. FOR
SRI. B.C.SEETHARAM RAO FOR R-3
, ADV.,
SMT.ARUNA R. DESHPANDE FOR R-4
, ADV.,)
THIS MFA IS FILED UNDER SEC
TION 173 (1) OF MV
ACT AGAINST THE JUDGMEN
T AND AWARD DATED
31/10/2006 PASSED IN MVC NO
.258/2000 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.)
& ADDL. MACT, HAVERI,
AWARDING COMPENSATION OF RS.3,80,000/- WITH
INTEREST @ 6% P.A. FROM TH
E DATE OF PETITION TILL
REALISATION.
M. F. A. No.3582/2007
BETWEEN:
R.GUNASEKARAN, MAJOR,
Sb. G.R.RANGASWAMY,
GR.56, PERICHI PALAYAM,
KARUR DIST, TAMILNAD STATE
... APPELLANT
(BY SRI.O.MAHESH, ADV)
AND:
1. BAGESAB, AGED 47 YEARS,
Sb. HUSSAIN SAB BARADWAD,
RIO. KAMADOLLI, KUNDAGOLTQ
,
DHARWAD DIST.
24:
2. B.S.YARADDI, MAJOR,
RIO. HOSALLI,
GADAG TALUK & DIST.
3. ORIENTAL INSURANCE CO.LTD.,
BRANCH, APMC YARD, GADAG.
BY ITS MANAGER.
4. UNITED INDIA INSURANCE CO
.LTD.,
BRANCH OFFICE, 12-A KOVAI
ROAD,
KARUR-639 002, TAMILNAD STA
TE,
NEAREST BRANCH, UNITED IND
IA
INSURANCE CO.LTD., LAMINGT
ON
ROAD, HUBLI.
BY ITS MANAGER.
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR,
FOR R-2, ADV.,
SRI. N.R.KUPPELUR, ADV. FOR
SRI. B.C.SEETHARAM RAO FOR
R-3, ADV.,
SMT.ARUNA R. DESHPANDE FOR
R-4, ADV.,)
THIS MFA IS FILED UNDER SEC
TION 173 (1) OF MV
ACT AGAINST THE JUDGM
ENT AND AWARD DATED
31/10/2006 PASSED IN MVC NO
.261/2000 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.)
& ADDL. MACT, HAVERI,
AWARDING COMPENSATION OF RS.2,67,000/- WITH
INTEREST © 6% P.A. FROM TH
E DATE OF PETITION TILL
REALISATION.
M. F. A. No.3583/2007
BETWEEN:
R.GUNASEKARAN, MAJOR,
Sb. G.R.RANGASWAMY,
GR.56, PERICHI PALAYAM,
KARUR DIST, TAMILNAD STATE
... APPELLANT
25:
(BY SRI.O.MAHESH, ADV)
AND:
1. NEELAVVA, AGED 39 YEAR
S,
W/O. NEELAPPA © NEELAK
ANTAPPA,
0CC: HOUSEHOLD WORK.
2. MALLAVVA, AGED 67 YEAR
S,
W/O. VIRUPAXAPPA GANJ
IGATTI,
SINCE DECEASED BY HER
LR'S
RESPONDENTS 1,3 TO 5
3. KUMARI MAHADEVI, AGED
23 YEARS,
D/O. NEELAPPA © NEELAK
ANTAPPA,
OCC:COOLI.
4. KUMAR MANJUNATH, AGED
21 YEARS,
S/O. NEELAPPA © NEELAKAN
TAPPA,
OCC:COOLI.
5. KU MAR HUTHAPPA, AGED 19
YEARS,
S/O. NEELAPPA © NEELAKAN
TAPPA,
STUDENT.
ALL RIO. TARIAGATTA, KU
NDGOL TQ,
DHARWAD DIST.
6. B.S.YARADDI, MAJOR,
R/O, HOSALLI,
GADAG TALUK & DIST.
7. ORIENTAL INSURANCE C0.LT
D.,
BRANCH, APMC YARD, GADA
G.
BY ITS MANAGER.
8. UNITED INDIA INSURANCE
CO.LTD.,
26:
BRANCH OFFICE, 12-A KOVAI RO
AD,
KARUR-639 002, TAMILNAD STA
TE,
NEAREST BRANCH, UNITED INDIA
INSURANCE CO.LTD., LAMINGT
ON
ROAD, HUBLI.
BY ITS MANAGER.
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR,
FOR R-6, ADV.,
SRI. N.R.KUPPELUR, ADV. FOR
SRI. B.C.SEETHARAM RAO FOR R-7
, ADV.,
SRI.P.B.RAJU FOR R-8, ADV.,)
THIS MFA IS FILED UNDER SEC
TION 173 (1) OF MV
ACT AGAINST THE JUDGM
ENT AND AWARD DATED
31/10/2006 PASSED IN MVC NO
.262/2000 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.)
& ADDL. MACT, HAVERI,
AWARDING COMPENSATION OF RS.3,32,000/- WITH
INTEREST © 6% P.A. FROM TH
E DATE OF PETITION TILL
REALISATION.
M. F. A. No.3584/2007
BETWEEN:
R.GUNASEKARAN, MAJOR,
5/0. G.R.RANGASWAMY,
GR.56, PERICHI PALAYAM,
KARUR DIST, TAMILNAD STATE
... APPELLANT
(BY SRI.O.MAHESH, ADV)
AND:
1. AKBARSAB KHADARSAB BAGALD
AR,
AGED 25 YEARS,
0CC: HAMALI, R/O. KAMADOLLI,
KUNDAGOL TALUK, GADAG DIST.
27:
2. B.S.YARADDI, MAJOR,
RIO. HOSALLI,
GADAG TALUK & DIST.
3. ORIENTAL INSURANCE CO.LTD.,
BRANCH, APMC YARD, GADAG.
BY ITS MANAGER.
4. UNITED INDIA INSURANCE CO
.LTD.,
BRANCH OFFICE, 12-A KOVAI
ROAD,
KARUR-639 002, TAMILNAD STA
TE,
NEAREST BRANCH, UNITED IND
IA
INSURANCE CO.LTD., LAMINGT
ON
ROAD, HUBLI.
BY ITS MANAGER.
..RESPONDENTS
(BY SRI. HANAMANT R. LATU
R, FOR R-2, ADV.,
SRI. N.R.KUPPELUR, ADV. FOR
SRI. B.C.SEETHARAM RAO FO
R R-3, ADV.,
SMT.ARUNA DESHAPANDE FOR
R-4, ADV.,)
THIS MFA IS FILED UNDER
SECTION 173 (1) OF MV
ACT AGAINST THE JUDGM
ENT AND AWARD DATED
31/10/2006 PASSED IN MVC NO
.328/2000 ON THE FILE OF
THE CIVIL JUDGE (SR.DN
.) & ADDL. MACT, HAVERI,
AWARDING COMPENSATION OF
RS.20,000/- WITH INTEREST
© 6% P.A. FROM THE DATE OF PET
ITION TILL REALISATION.
M. F. A. No.3586/2007
BETWEEN:
R.GUNASEKARAN, MAJOR,
S/O. G.R.RANGASWAMY,
GR.56, PERICHI PALAYAM,
KARUR DIST, TAMILNAD STATE
... APPELLANT
28:
(BY SRI.O.MAHESH, ADV)
AND:
1. MOHAMMED RAFIK, AGED 31
YEARS,
S/O. RAJESAB JIGALUR,
OCC:BUSINESS RIO. TRALAGAT
TI,
KUNDAGOLTALUK, GADAG DIST.
2. B.S.YARADDI, MAJOR,
RIO. HOSALLI,
GADAG TALUK & DIST.
3. ORIENTAL INSURANCE CO.LTD.,
BRANCH, APMC YARD, GADAG.
BY ITS MANAGER.
4. UNITED INDIA INSURANCE CO
.LTD.,
BRANCH OFFICE, 12-A KOVA
I ROAD,
KARUR-639 002, TAMILNAD STA
TE,
NEAREST BRANCH, UNITED IND
IA
INSURANCE CO.LTD., LAMINGT
ON
ROAD, HUBLI.
BY ITS MANAGER.
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR, FOR R-2
, ADV.,
SRI. N.R.KUPPELUR, ADV. FOR
SRI. B.C.SEETHARAM RAO FOR R-3
, ADV.,
SRI. LAXMAN B.MANNODDAR FOR
R-4, ADV.,)
THIS MFA IS FILED UNDER SEC
TION 173 (1) OF MV
ACT AGAINST THE JUDGM
ENT AND AWARD DATED
31/10/2006 PASSED IN MVC
NO.330/2000 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.)
& ADDL. MACT, HAVERI,
AWARDING COMPENSATION OF RS.1,21,500/- WITH
29:
INTEREST © 6% P.A. FROM TH
E DATE OF PETITION TILL
REALISATION.
M. F. A. No.3587/2007
BETWEEN:
R.GUNASEKARAN, MAJOR,
S/C. G.R.RANGASWAMY,
GR.56, PERICHI PALAYAM,
KARUR DIST, TAMILNAD STATE
. APPELLANT
(BY SRI.O.MAHESH, ADV)
AND:
1. GOUSUSAB IMAMHUSSAINSAB
HULAGUR,
AGED 42 YEARS,
OCC:BUSINESS, R/O. TRALAGAT
TI,
KUNDAGOL TALUK, GADAG DIST.
2. B.S.YARADDI, MAJOR,
RIO. HOSALLI,
GADAG TALUK & DIST.
3. ORIENTAL INSURANCE CO.LTD.,
BRANCH, APMC YARD, GADAG.
BY ITS MANAGER.
4. UNITED INDIA INSURANCE CO.LT
D.,
BRANCH OFFICE, 12-A KOVAI RO
AD,
KARUR-639 002, TAMILNAD STA
TE,
NEAREST BRANCH, UNITED IND
IA
INSURANCE CO.LTD., LAMINGT
ON
ROAD, HUBLI.
BY ITS MANAGER.
...RESPONDENTS
30:
(BY SRI. HANAMANT R. LATUR,
FOR R-2, ADV.,
SRI. N.R.KUPPELUR, ADV. FOR
SRI. BC.SEETHARAM RAO FOR
R-3, ADV.,
SMT.ARUNA DESHPANDE FOR R-4
, ADV.,)
THIS MFA IS FILED UNDER SEC
TION 173 (1) OF MV
ACT AGAINST THE JUDGM
ENT AND AWARD DATED
31/10/2006 PASSED IN MVC NO
.33/2001 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.)
& ADDL. MACT, HAVERI,
AWARDING COMPENSATION OF RS
.20,000/- WITH INTEREST
© 6% P.A. FROM THE DATE OF PETITI
ON TILL REALISATION.
M. F. A. No.3591/2007
BETWEEN:
R.GUNASEKARAN, MAJOR,
Sb. G.R.RANGASWAMY,
GR.56, PERICHI PALAYAM,
KARUR DIST, TAMILNAD STATE
APPELLANT
(BY SRI.O.MAHESH, ADV)
AND:
1. DUDDU S/0. ALLBAX GUDADUR,
AGED 21 YEARS
OCC:BUSINESS, RIO. KAMADO
LLI,
KUNDAGOL TALUK, GADAG DIST.
2. B.S.YARADDI, MAJOR,
R/O. HOSALLI,
GADAG TALUK & DIST.
3. ORIENTAL INSURANCE CO.LTD.,
BRANCH, APMC YARD, GADAG.
BY ITS MANAGER.
31
4. UNITED INDIA INSURANCE CO
.LTD.,
BRANCH OFFICE, 12-A KOVA
I ROAD,
KARUR-639 002, TAMILNAD STA
TE,
NEAREST BRANCH, UNITED IND
IA
INSURANCE CO.LTD., LAMINGT
ON
ROAD, HUBLI.
BY ITS MANAGER.
...RESPONDENTS
(BY SRI. HANAMANT R. LATU
R, FOR R-2, ADV.,
SRI. N.R.KUPPELUR, ADV. FOR
R-3, ADV.,
SMT.ARUNA DESHPANDE FOR
R-4, ADV.,)
THIS MFA IS FILED UNDER
SECTION 173 (1) OF MV
ACT AGAINST THE JUDGM
ENT AND AWARD DATED
31/10/2006 PASSED IN MVC
NO.190/2001 ON THE FILE OF
THE CIVIL JUDGE (SR.DN
.) & ADDL. MACT, HAVERI,
AWARDING COMPENSATION OF
RS.48,600/- WITH INTEREST
© 6% P.A. FROM THE DATE OF PET
ITION TILL REALISATION.
M. F. A. No.3592/2007
BETWEEN:
R.GUNASEKARAN, MAJOR,
S/O. G. R. RAN GAS WAMY,
GR.56, PERICHI PALAYAM,
KARUR DIST, TAMILNAD STATE
APPELLANT
(BY SRI.O.MAHESH, ADV)
AND:
1. SHIVAPPA S/O. MARTHEPPA AR
ALIKATTE,
AGED 52 YEARS,
0CC: AGRICULTURE, RIO. TARIA
GATTA
KUNDAGOL TALUK, GADAG DIS
T.
32:
2. B.S.YARADDI, MAJOR,
RIO. HOSALLI,
GADAG TALUK & DIST.
3. ORIENTAL INSURANCE CO.LTD.,
BRANCH, APMC YARD, GADAG.
BY ITS MANAGER.
4. UNITED INDIA INSURANCE CO.LTD.,
BRANCH OFFICE, 12-A KOVAI ROAD,
KARUR-639 002, TAMILNAD STATE,
NEAREST BRANCH, UNITED INDIA
INSURANCE CO.LTD., LAMINGTON
ROAD, HUBLI.
BY ITS MANAGER.
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR, FOR R-2
, ADV.,
SMT.ARUNA DESHPANDE FOR R-4, AD
V.,)
THIS MFA IS FILED UNDER SECTIO
N 173 (1) OF MV
ACT AGAINST ThE JUDGMENT AN
D AWARD DATED
31/10/2006 PASSED IN MVC NO.192/2
001 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) &
ADDL. MACT, HAVERI,
AWARDING COMPENSATION OF RS.30
,000/- WITH INTEREST
@6% P.A. FROM THE DATE OF PtTITION
TILL REALISATION.
THESE APPEALS COMING
ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED TH
E FOLLOWING:
JUDGMENT
These appeals are of the ye ar 2007. They are all listed for orders regarding ste ps to be taken in res pect of respondent No.3.
2. Respondent No.3 in MFA .1775/2007 is one of he claimants and she is dece ased and her LR5 are alrea dy on record. Respondent No.3 in MFA.1779/07 is owner of lorry bearing Registration No.T N.45/Z-2217. Though he is not served in this appeal, he has filed separate ap peal in MFA.3580/07 and connec ted cases. Hence, learne d Counsel appearing in MFA.3580 /07 is directed to taken notice for respondent no.3 in this ap peal also.
In MFA.3588/2007 Resp ondent No.2 is owner of the tempo bearing R.No.KA.
26/1905 and he is represen ted by Sri Hanumanth R. Lathur in MFA.1779/07, Hence, Sri 34:
Hanumanth R. Lathur is directed to take notice for 2 respondent in this appeal also.
3. Similarly, Respondents 1 and 2 in MFA.3589/07 are claimant and owner of tempo-
trax bearing Registration No.KA.26/1905. Hence, Sri Hanmanth R. Lathur is directed to take notice for respondent No.2 in this appeal.
4. The Insurer of goods tempo bearing No.KA,26/1905 has filed appeals in MFA Nos,1775/07, 1779/07, 1774/07, 1776/07, 177 7/07, 1778/07, 1781/07, 1782/07, 1783/07, 1784/07, 1785/07, 1786/07, and 1787/2007 questioning the liability.
The owner of goods lorry bearing Registration No.TN.45/Z-2217 has filed MFA.3 580/07, 3582/07, 3583/07, 3584/07, 3586/07, 3588/07, 358 9/07, 3587/07, 3591/07, 3592/07 questioning the contributory negligence.
5. The facts which are not in disput e are, that on 3.1.2000 at about 11.45 p.m. 21 persons were returning from Byadagi after selling the chil ies in s goods tempo 35:
bearing Reg.No.KA.26/1905 and on account of rash and negligent driving by the driver of the said vehicle it dashed against the lorry bearing Regis tration No.TNA5/Z-2217, as a result of which the persons in the goods tempo sustained grievous injuries.
Accordingly, 15 claim petitions we re filed, out of which 5 claim petitions were filed by 5 coo lies who were traveling in the goods tempo, before the Commissioner for workmen Compensation claiming compensat ion. Remaining 10 claim petitions were filed by other injured persons before the Claims Tribunal, Haven, inter alia alleging that they were the passengers in the goods tempo.
6. The Insurer of the goods tempo bearing Reg.No.KA.26/1905 contested the claim petitions inter alia contending that the Insurer is not liable to pay the compensation as the persons who were traveling in the goods tempo were unauthorized passengers and as such the insurer is not liable to indemnif y the liability of the owner.
However, the insurer of lorry bearing Registration 36:
No.TN.45/Z-2217 did not contes t the claim petitions as no application under Section 170 of the Motor Vehicle Act was filed seeking permission to contes t the claim petitions.
7. The Tribunal after hearing held that drivers of both the vehicles have contrib uted to the accident and accordingly, fixed the liability at 50% on the owner and insurer of each of the vehicles, and consequently awarded compensation in respect of all the claimants.
8. As against 50% liability, the ins urer of goods tempo bearing REG.No.KA.26/1905 has filed appeals as stated supra. Since the insurer of lorry bearing Registration No.TNA5/Z-2217 had not filed the application under Section 170 of the Motor Vehicles Act, the owner of the said lorry has filed the appeals as stated abo ve, in so far as contributory negligence and fixing their liability to the extent of 50% is concerned.
9. In so far as contributory negligenc e is concerned, driver of tempo bearing No.KA .26/1905 has been examined 37:
as R.W.2 and in his evidence he has stated that the lorry bearing Registration No.TN.45 /Z-2217 was parked without parking light and stop signal and without indicators, as its tyre was burst and it was not moved from the main road. This fact is clear from Ex.P.3 spot-panchanama, wherein it is stated that the accident had occurred on the main road. Relying on the spot mahaz ar, the evidence of R.W.3 the Tribunal found that the dri ver of the lorry bearing Registration No.TN .45/Z-22 17 has also contributed 50% negligence, as the accident occ urred at night hours and due to the lorry having been par ked on the main road without parking lights.
10. To controvert the same, the nei ther the owner nor the driver of the lorry bea ring Registration No.TN.45/Z-
2217 was not examined. No V other evidence was led cn their behalf. The Tribunal based on the police records and ora l evidence of the driver of the goods tempo has held that the re is contributory negligence. I do not find there is any error in the findings recorded by the Tri bunal holding the contributory 38:
negligence on the part of drivers of the both the vehicles, to the extent of 50% each.
11. The learned Counsel for the Insure r of the goods tempo bearing Reg.No.KA.26/1905 contested the liability on the ground that 13 claIm pet itions were filed by the unauthorized passengers traveling in the goods vehicle.
Since there Is violation of the statutory provisions of the Motor Vehicles Act and also the pol icy conditIons, the Insurer is not liable to Indemnify the liabIlIty of the owner. To support his contention, he has relied on the provisions of sections 145 and 147 of the Mo tor Vehicles Act. The policy beIng an Act policy, there Is no statutory liability under the policy. He also relied on the judgment of the Apex Court reported In 2005 (2) AC] 721.
and submItted that the risk of gratuitous passenger Is not covered under the policy and Insurer cannot be held liable to pay. To support his contention he also relied on the findings of the Tribunal and submitted that the Tribunal eve n after noticing that the spot mahazar and other material disclosed that, there was no 39:
goods present In the tempo trax, sti II it has held that, the insurer is liable to pay the comp ensation, by relying on the judgment of the Apex Court reported in 2004(2) AC) Page 1.. Learned Counsel submitted tha t the Tribunal having found that, the decease d and the injured claimants were the unauthorized passeng ers, it ought not to have held the insurer to pay as their risk Is not covered under the policy and there Is no statutory or contractual liability. As such, there is no reason to ma ke the insurer liable.
12. On the other hand, learned Couns el appearing for the owner of the tempo beari ng No.KA.26/1905 submitted that all the claimants before the Tribunal have consistently stated that they were travelin g as owners of the goods. He also relIed on the policy to submit that the insurer has collected the premium of Rs .50/- to cover the risk of no n fare paying passengers and in view of the same, the risk of all the persons who were tra veling in the tempo trax alo ng with the goods is covered.
40:
13. In view of these submissions the poi nt that arise for consideration is:
"Whether the insurer of the goo ds tempo bearing N0JKA.26/1905 is liable to indemn ify the owner in respect of the persons traveling in the vehicle?' Sub-Section (1)(b)(i) of Section 147 of M.V. Act reads as under:
"147.(1). In order to comply with the requirements of this Chapter, a policy of insurance must be a policy which-
(a) is issued by a person who is an aut horised insurer, and
(b)(i), against any liability which may be incurred by him in respect of the death of or bod ily injury to any person, including owner of the goods or his authorised representative carried in the vehicle or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place."
This provision covers the risk of owners of the goods or his authorized representative carr ied in the vehicle.
The vehicles involved in this cas e are: a goods tempo bearing Reg.No.KA.26/1905 whi ch is light motor goods vehicle. In respect of light motor goods vehicles, permissible 41:
seating capacity as per Rule 100 of the Karnataka Motor vehicles Rules is 3.
14. Admittedly, as stated above as ma ny as 18 claim petitions have been filed, 5 claim petition by the coolies and 13 by the owner However, the records produced show that the accident has occurred at 11.
45 a.m. on 32.2O00. Neither the spot mahazar nor in any other material produced show that goods was present in the tempo. Even the Tribunal while considering the liability of the insurer of tempo bearing Reg.No.KA.26/1905 at para.15 has observed as under:
"Even assuming that the pet itioners were not the owners of the goods at the tim e of accident and further the tempo was not transporting any goods at that time, at the worst, it can be said that if the above petitioners are travelling unauthorisedly.
Even though they were traveling in the said tempo unauthorisedly, the insurance company is liable to pay the compensation on behalf of the owner and rec over the same from the owner."
However, the liability is fixed by relying on the judgment of the Apex Court rep orted in 2004(2) SCC 1.
15. Undoubtedly, the apex court in the said case invoking the provision of Art icle 142 has issued direction .
42But, when it is clearly found that the claimants were travel ing as unauthorized passengers the re is nothing to be considered as regards the liability of the insurer. When the provisions of the Motor Vehicles Act do not permit the passengers to travel in a goods vehicle as it is not so permitted to car ry passengers nor it is mean t to be used as a passe nger transport vehicle. If the owner has allowed the driver to carry passengers he does it at his own risk. The apex Co urt in the judgment reported in 2005(2) AC) P.721 in the case of National Insurance Co. Ltd vs. Bommithi Subbhayamma and others , has observed at para-8 by considering the judgment rendered in the case of Na tional Insurance Co. Ltd. Vs. Balajit Kaur, reported in 2004 AC) 428 has observed at para-8 as follows:
"8. The question again came up for consideration before a 3-Judge Bench of this court, of which we are members, in National Insura nce CoLtd v. Ba/lit Kaur, 2004 AC] 428 (SC), where in upon considering the effect of amendment carrie d out in section 147 of the Motor Vehicles Act, 1988 by Motor Vehicles (Amendment) Act, 1994, it was opined:
"By reason of the 1994 am endment what was added is, 'including owner of the goods or his authorised representative carried in the vehicle'. The liability of 43 the owner of the vehicle to insure it compulsoril by reason of the aforem y, thus, entioned amendment only the owner of included the goods or his au representative carried thorised in the vehicle besides parties. The intention the third of Parliament, therefor not have been that the e, could words 'any person' occu section 147 would rring in cover all persons wh travelling in a go o were ods carriage in any whatsoever. If such capacity was the intention ther necessity of Parliamen e was no t to carry out an amen as much as the expres dment in sion 'any person' cont sub-clause (i) of clause ained in
(b) of sub-section(1) of 147 would have included section the owner of the good authorised representa s or his tive besides the passen are gratuitous or otherw ge rs who ise.
The observations mad e in this connection by in Asha Rani, 2003 AC the court J 1(SC), to which on Sinha 3., was a party, e of us, however, bear repetitio n:
'(26) IN view of the ch anges in the relevant pro in the 1988 Act vis-à- visions vis the 1939 Act, we opinion that the mea are of the ning of the words 'an must also be attributed y person' having regard to the which they have be context in en used, i.e. a 'third Keeping in view of th party'.
e provisions of 1988 Ac of the opinion that as t, we are the provisions thereo enjoin any statutory lia f do not bility on the owner of to get his vehicle insu a vehicle red for any passenger in a goods vehicle, travelling the insurers would no therefor.' t be liable In Asha Rani, 2003 noticed that sub-clau ACJ 1 (SC), it has be se (i) of clause (b) of en (1) of section 147 of sub-section the 1988 Act speaks which may be incurre of liability d by the owner of a respect of death of or vehicle in bodily injury to any damage to any proper person or ty of a third party ca arising out of the used by or use of vehicle in a public place.
a :44: Furthermore, an owner of a passenger
-ca must pay premium for covering the rrying vehicle passengers travelling in the vehicle. risks of the view of the 1994 amendment would The premium in onl party as also the owner of the goods y cover a third for his authorised representative and not any passen ger carried in a goods vehicle whether for hire or rew ard or otherwise.
It is therefore, manifest that in spite of of 1994, the effect of the provision con the amendment 147 with respect to persons other tained in section tha the goods or his authorised represent n the owner of ative remains the same. Aithough the owner of the goo authorised representative would now ds or his be covered by the policy of insurance in respect of a goo ds vehicle, it was not the intention of the legislature to provide for the iiability of the insurer with respec t to passengers, especially gratuitous passengers, who were neither contemplated at the time the contra ct of insurance was entered Into, nor any premium was paid to the extent of the benefit of Insurance to such cat egory of people."
A reading of the above, makes It manifestly clear that though the owner of the goods veh icle or his authorized representative is covered by virtue of 1994 amendment, but it is not the intention of the legisiatur e to provide for liability of the insurer with respect to passengers, especially gratuitous passengers who were nei ther contemplated at the time contract of Insurance was ent ered into nor any premium was paid to cover the risk of suc h category of people. The 4v11 :45: apex court has held that in such case, the claimant can recover the compensation from the owner of the vehicle.
16. Learned Counsel appearing for the owner of the goods tempo KA.26/1905 sub mitted, that there is collection of premium of Rs,50/- in respect of non-fare paying passenger and there is no eviden ce that the claimants or the deceased were non-fare passen gers. It is their specific case that they were travelling with their goods in the vehicle.
17. Though the learned Counsel tried to contend that non-fare passengers are covere d, neither the policy nor there is any material to show that they were non-fare pai d passengers. Further there is nothing on record to consider such application, much less when there is no policy covera ge.
Hence, as far as the liability of the insurer in respect of vehicle bearing KA.26/1905 is concerned, dependents of the deceased being unauthorized passengers in a goods vehicle , insurer is held not liable. I :46: As far as the owner of the lor ry bearing No.TN.45/Z- 2217 is concerned, the Insure r has not contested the claim petitions. The owner has co me up in appeal only to the extent of contributory negligenc e and I have held that there is contributory negligence.
There Is no merits In these appeals
18. AccordIngly, MFA Nos.1775/07, 1779/07, 1774/07, 1776/07, 1777/07, 1778/07, 1781/07, 1782/07 , 1783/07, 1784/07, 1785/07, 1786/07, and 1787/2007 by the insurer of goods tempo KA .26/1905 are allowed. Liability of the Insurer is set aside. Ow ner of the said vehicle is held liable to the said extent. Am ount In deposit in respect of the each of these appeals Is directed to be refunded to the appellant-insurer.
Appeals filed by the ow ner of the goods lorry No.TN.45/Z-2217 in MFA .3580/07, 3582/07, 3583/07 , 3584/07, 3586/07, 3588/07 , 3589/07, 3587/07, 3591/07 , 3592/07 are dismissed. Th e amount In deposit in the se appeais be transferred to the Tribunal.
( h' I vs :47:
19. Smt Aruna R. Deshpande, lea rned Counsel be shown as appearing for United Ind ia Insurance Company LW, In place of Sri AM. Venkatesh.
Sd/a RIDGE Sub/