Karnataka High Court
Smt. Savakka W/O : Mallappa Katti vs Vithal S/O : Maruti Bagale on 8 October, 2013
Author: H.N.Nagamohan Das
Bench: H.N.Nagamohan Das
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 08TH DAY OF OCTOBER, 2013
BEFORE
THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS
M.F.A. NO.25086/2010 (MV)
BETWEEN:
SMT. SAVAKKA
W/O : MALLAPPA KATTI
AGE : 50 YEARS,
OCC : AGRICULTURE
(NOW NIL ),R/O : PATTIHAL
TQ : BAILHONGAL
DIST : BELGAUM ... APPELLANT
(BY SRI. HANAMANT R LATUR, ADV.)
AND
1. VITHAL S/O : MARUTI BAGALE
AGE : 40 YEARS, OCC : BUSINESS,
R/O : KHODANPUR
TQ : BAILHONGAL
DIST : BELGAUM
2. IFFCO TOKIO GENERAL INSURANCE CO.LTD.
127A, BHAVANI ARCADEM 3RD FLOOR,
36, 307, 308, NEAR OLD BUS STAND
OPPOSITE BASAVA VANA
NEW COTTON MARKET HUBLI
... RESPONDENTS
(BY SRI RAVINDRA R MANE, ADV FOR R2, R1-NOTICE
SERVED)
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THIS MFA IS FILED U/SEC.173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DTD:29-09-2010
PASSED IN MVC.NO.298/2009 ON THE FILE OF THE
PRESIDING OFFICER, FAST TRACK COURT AND MEMBER,
MACT, BAILHONGAL, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is directed against the common judgment and award dated 29.09.2010. Insofar as it relates to MVC No.298/2009 passed by MACT, Bailhongal.
2. The grievance of the appellant is that the Tribunal committed a mistake in fastening the liability on the owner of the vehicle instead of Insurance company. There is some force in this contention. It is not in dispute that on the date of the accident the driver of the vehicle bearing Reg. No. KA 24/4807 had the driving licence to drive light motor vehicle. But the :3: vehicle involved in the accident is a commercial vehicle. This issue is res-intigra, in view of the law declared by the Apex Court in the case Iyyapan Vs. M/s. United India Insurance Company Ltd. And another reported in AIR 2013 SC 2262 . The liability is fastened on the Insurance company.
3. The second grievance of the appellant is that the total compensation of Rs.84,800/- awarded by the Tribunal is on lower side. The Tribunal by taking into consideration of the evidence available on record rightly awarded compensation of Rs.84,800/- under different heads and the same do not call for interference. Accordingly, the following:
ORDER i. The appeal is partly allowed.
2. The impugned award dated 29.09.2010 passed in MVC No.298/2009 by the MACT is hereby :4: modified fastening the liability on the respondent Insurance Company.
SD/-
JUDGE Rms