Karnataka High Court
The Branch Manager vs Krishna Appasab on 19 August, 2010
Author: A.S.Bopanna
Bench: A.S.Bopanna
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DI-IARWAD
DATED THIS THE 19TH DAY 012* AUGUST, *
BEFORE.
THE HON'BLE MR. JUSTICE B6RANxggAC"'A;:.\/,I7A
M.F.A.N0.20675f_2008 sMV.1 I
M.F.A.N0.20676/209,3, 2o573j'2oAo3, 2067712008 85
IN M.F.A.NO.2QE3fV5:~,/2Oi(j8:;»
BETWEEN: I
1. THE BRA.N_CH3"fVMA_N»A'GER,
THE UIJITEDVR.1%NDIAVCINsU-RANGE CO.LTD.,
KACHERI ROAD; J~A_Ivi'K'HANDI,
REP. 'i3..Y"ITS"DIV1SIA(3,'NAL MANAGER:
THE UNITED. £'ND-IATINSURANCE CO.L'I'D.,
..IQIV1SIONA'L«VQE_F1CE, SANGAMA BUILDING,
é SIDDESHWARA FRONT ROAD,
A » :,BVIuIVAPU'R'.;5.'86 101.
A. 1' ...APPELLANT
(BYCSRI. .R\AV:~NIDRA R MANE, ADV.)
KRISHNA APPASAB s/o SHETTAPPA
GADIVADDAR, AGE: ABOUT 33 YRS,
E
R3
OCC: DRIVER, R/O JAMBAGI ROAD,
JAMKHANDI, TQ: JAMKHANDI,
DIST: BAGALKOT.
2. KUERA ALLAHAMAD TERADAL,
AGE: 36 YRS., OCC: BUSINESS,
R/O JAMBAGI ROAD, JAMKHANDIA M
%.;. RESPONDENTS
(BY SRI. SHIVARAJ P I\/IUDI-.I__.C)I,., 'ADV, FO,R%V'C_R,z RV'I) u %
THIS MFA NO.20tE7.5/2Q'G8--.I:S FILED U'/-S 173(1) OF
MV ACT AGAINST T--HF. IIUDGENIEIST AND AWARD
DATED: 23.5.2008 PASSED*IN*;MI[Cf';NO,_546/2007 ON
THE FILE OF THE MEMB.ELfR,'MAC'T"._NO~,.V, JAMKHANDI,
AWARDING A _..C'QM.PENSAT1'ON I RS:;2,22, 100/-- WITH
INTEREST :«6%;5'P.A.. "P'R;OM__..TIéI.E DATE OF PETITION
UNTILL DEPi"OS_1T. """'--._ ,
IN M.FA.NO,2'OjI3j6»}?QOOV8~;.'_'__. 1 I
BETWEEN:1 -
_ 1. fl?HE.BRANC_H MANAGER,
I I-,THE.,UN_ITED INDIA INSURANCE CO.LTD.,
, v , _KA._CHE3.Ri~-- ROAD, JAMKHANDI,
ITS. DIVISIONAL MANAGER,
- 'THEUNITED INDIA INSURANCE CO.LTD.,
I -_DIvISI_O;NAL OFFICE, SANGAMA BUILDING,
; SHRIV SIDDESHWARA FRONT ROAD,
A BIJAPUR--586 I01.
I APPELLANT
RAVINDRA R MANE, ADV.)
{,9-
AND:
1. MALLAPPA S / O HANAMAPPA RADDERAHATTI,
AGE:ABOUT33YRS,OCC:AGRKXHTURE
85 HOTEL BUSINESS, R/O MADHURKHANDI,
TQ:JAMKEANDLIMST:BAGALKOT. "
2. KUBRA}fliAHAAUU)TERADAL,
AGE:36YRS,OCC:BU$NES&
Rfl3JAMBAGIROAD,JAMKHANDLH_ _
IO- ";RES~
(BY SRI. SHIVARAJ P Ix/IUDIIOL, ADV}
'
THIS MFA NO.2o676/2010318 I'4'i1IEDuU-../S:..;I"7'3{'i) OF"'A
IVIV ACT AGAINST THE JUDGEMENT '_:AA'ND'g AWARD
DATED: 23/5/2008 PASSED"*'IN_"~M"J.C N0."-~54'?/O7 ON
THE FILE OF THE MACT;--NO_.v,, .-.IAM¥§H.ANBI, AWARDING
A COMPENSA'£TION{OFARS.1,%i9;'I'C§O/-- WITH INTEREST @
5% P.A;:VV_FROM'"TT:£EA DATE OF PETITION UNTIL DEPOSIT.
IN 1\/I.F.AIN..Q.£3O'6'7EV%}'.20..O8-:Im'A
EETEIEEIN; _
E~RANCH'MANAGER,
A 'I~I3I.IARUR-586 101.
_THE«.UNITED INDIA INSURANCE CO.LTD.,
" KACHERIROAD, JAMKHANDI,
; "-REP. 7EY_'ITS DIVISIONAL MANAGER,
'---..__TH_E~UNITED INDIA INSURANCE CO.LTD.,
D.,IVISIONAL OFFICE, SANGAMA BUILDING,
SHRI SIDDESHWARA FRONT ROAD,
. . . APPELLANT
I
E
ES
(BY SR1. RAVINDRA R MANE3, ADV.)
AND:
1. TIMIVIANNA S/O TIMMAPPA HIPRALI,g_"'~--V.. %
AGE: ABOUT 36 YRS., OCC:.AG~RICL'fL'lflUf'1{I+3? A'
12/0 MADHURKHANDI,
TQ: JAMKHANDI, DIST: BAG'ALI:O'T. '- ~_ A. " "
2. KUBRA ALLAHAMAD TER"ADAL,' A
AGE: 36 YRS., OCC: BUSINESS, 1
R /O JAMBAGI ROAD, J.A'IvIK_HANDI.
; RESPONDENTS
(BY SRI. SHIVARAJ f?.AMT..J:DHVOL:g,_ ADVfFOR C /RI)
THIS MF/ENC)"."2.O6"7AS--,/QOQAS FILED U /S 173(1) OF
MV ACT AGAINST TI~IE= JUDGEMENT AND AWARD
DATED:~"23/I5]i2OO'8"PASSED IN MVC NO. 549/07 ON
THE FILE OF TIIIE«R._I\7IACTT'1xI--O.--v, JAMKHANDI, AWARDING
A COMPE-NSAT'ION=OF'R_S'~...1..23,300/-- WITH INTEREST @
5% PA. ~EROM"- THjE,"DATE OF PETITION UNTILL
DEPOSIT. ' .
IN MVI'F:A:"NO:."2IQ677@608:
. 'A I--.-'
TIIE:3RANCH MANAGER,
I UNITED INDIA INSURANCE CO.LTD.,
S. __I§%CHERI ROAD, JAMKHANDI,
REP. BY ITS DIVISIONAL MANAGER,
THE UNITED INDIA INSURANCE CO.LTD.,
DIVISIONAL OFFICE, SANGAMA BUILDING,
SHRI SIDDESHWARA FRONT ROAD, 7 "
I}3IJAPUR~586 101.
(BY SR1. RAVINDRA R MANE, ADV.)
AND:
1. SHANMUKHA S /0 ISHWARAPPA'I<AJAGAR,4_
AGE: ABOUT 43 YRS, ZERQX S'HOp':V '
85 GENERAL MERCHANT,'R/OMADHURKHANDI,
TQ:JAMKI-IANDI,;-DIST;BAGALECOT. I
2. KUBRA ALLAHAMADI_'TERAIJA_L;'---
AGE: 36 YRS, OCC:-.BjUSINES'S';V "
R /0 JAM.B.AGI ROAD, _VJAMKI€£~ANDI.
. . = ' '"'"'...RES1=>0NDENTS
(BY SR1: ADV. FOR c/R1)
THIS MFA~NO.'j206"Z7"/2.008 IS FILED U/S 173(1) OF
IVIV ACT *A'GAINST*fI*HE. JUDGEMENT AND AWARD
DATED; 23/E/2008 RASSED IN MVC No. 548/07 ON
THE ,F§1LEA~OF THEMACT NO.V, JAMKHANDI, AWARDING
cGN:PENS~ATIoN'o'E' RS.1,41,600/- WITH INTEREST @
":_69/of--.P.A,.V =,}«'R_O.M THE DATE OF PETITION UNTILL
D..EP_OSI1Tf.' =
V V' IN M';'E.A.1TNo.920B79/2008:
}Ef'1"WEEN 2
ff THE BRANCH MANAGER,
E
5
<3:
'CA
THE UNITED INDIA INSURANCE CO.LTD.,
KACHERI ROAD, JAMKHANDI,
REP. BY ITS DIVISIONAL MANAGER, I
THE UNITED INDIA INSURANCE CO.LTD.:;--« I
DIVISIONAL OFFICE, SANGAMA EUILD,j§IG,,,,V'T "
SHRI SIDDESHWARA FRONT ROAD,_....__ "
BIJAPUR--586 IOI. A
I I Y_.."._APP'E;LLA;N'I'
(BY SRI. RAVINDRA R MANE,ADv.I *
AND: V' A'
I. DEVENDRA S / O KAjDAPPA~ GOI<A'vI,,
AGE: ABOUT 41 YRS.;.', OCC: A_(,}RfL..,
R /O BANAHATTI, TO; ;;1A'I\.4.,I{}L'-\I'~IDi'*,~,."
DIST: I3AGA1..I:OT, *
2. KUBRA'AI:LAHAMADI.TERAE«AL,'
AGE: OC'C: BUS_I_NE}SS,
R /IO"JAM}23AG:s ROA D, JAMKHANDI.
I I A RESPONDENTS
(BY SRI'."'--S_"HI\_/AR_AJ:: p ':1:'\)£.IJ44]V31i-IOL, ADV. FOR C /R1)
MFA NO'.2O'679/2008 IS FILED U/S 173(1) OF
"-AIvIV'«.ACTv«.AGAINST THE JUDGEMENT AND AWARD
'DATED--.» /'S;*S2V(,=O8 PASSED IN MVC No. 555/07 ON
THE FILE THE IVIACT NO.V, JAMKHANDI, AWARDING
A CGMPEZNSATION OF RS.4,10,500/-- WITH INTEREST @
16% P.A.'<.,F'ROIvI THE DATE OF PETITION UNTILL
I A S. f._DE,POSIT.,. *
APPEALS COMING ON FOR ADMISSION THIS
I THE COURT DELIVERED THE FOLLOWING:
2
i
i
g?
JUDGMENT
In all these petitions the insurance before this Court assailing the common dat.e'c1--, 23 /5 /2008 passed in MVC Nos. 536 /:o*7A,trs5i47'1/yo7f,i54.3 /9.7:,' 549/07 and 555/07.
2. Heard the learned cto'ur3ilselll""for the'"parties and perused the appeal pape:l'1¥é..e_'r " .3
3. The" the Insurance Company liability to pay the compensatioii lai'i::t\~..g;lsol"the~_quantum. With regard to the liability, it conlt'eridedV:lt'hat the Insurance Company is not liatjle to pay' oornpensation in respect of the occupants ifiofi the V"ehicl--eii"~-.However, at this juncture in View of the it is limited to quantum of the Compehsaltionll. since there is no dispute that the policy lissued...éis package policy, that question would not arise Wforileonsideration. As such on that aspect, it is held that § § «-4 the Insurance Company has been rightly fastened with the liability to pay the compensation.
4. The next question could be with regardpirito'r.the contention on behalf of the appellant that they are not liable to reimburse compe:nsatio'n, = View of the Violation of terms of the the o\riii.ei'i1.o'f the Vehicle. In this regard,"it"--is contended'i,th~at.--.the5veiry] manner in which thecase putiortlli by the claimant would indicate Trax had been engaged for pilgriiniageiand it is contended considering of the occupants including owner of th4ellVeh'icleAiwelr:e Mohammedans, it cannot be belie}.Ied that were travelling as a group to go to i":_Vtenpi'ple. in regard, it is to be noticed that the said co'nte'n'tion raised based on assumption. There is no [independent evidence adduced on behalf of the lnsurance before the Tribunal to establish the fact that group was not travelling to temple as claimed and the i' <3?
vehicle had been let out on hire and the fare had been collected from the occupants of the Vehicle. the absence of such positive evidence the contention_.o'n:'be'ha1f of the appellant Insurance Company on that,.aspec'tii:o'i matter also can be accepted andinsofar"fastening of the liability by the tribunal, oni"the..,_iap:peliant. Company the same is Wholly' V
5. The question' .zhowev'er:iVo_:'isll"'~i2sfith iiiregard to the quantum of compensation.r.aWarlded_andi.in'that regard it is made before had been disposed of by common jUd_g1'31en'tr " i
- ..I_r1 .t546/2oo?«;
V " had suffered the injuries as established by Wo.un¥di::certificate, which was marked as Ex.P--22. said'1~ documents indicate that the claimant had the fracture of both the bones of right leg., _1183nely tibia and fibula. In this regard, the claimant had CE! undergone treatment for fairly long period. The medical prescription details were market at EX.P~«23 and therdoyctor was examined as PW.6. The said doctor while the injuries suffered by the clairrianyt disability at 60--65% to the Tribunal taking note of the of the i11ju;:ylil'has" come if to the conclusion that rthe ifiasséssed at 20%. In the instant cased, by the claimant, that" In these circumstances, injury to his right leg by fibula is taken into considerat-ior1«l. as expressed by the doctor is also" noted, t'he"':disability as reckoned by the is appropriate' and the same does not call for ir1t.e'r1€eren,cf'e.,_ " Whiile assessing compensation under the said h-ead,'thl.e}'income was reckoned at Rs.3,000/-- and it "5iJf"is"'also appropriate and considering the nature of injuries, sufferings, the compensation awarded in the said jjlcaseiis appropriate and 1 see no reason to interfere. vwowrgg In MVC No. 547/2007:
Nature of the injuries has been established by producing the wound certificate at Ex.I-"-18. Tliersaid document indicates that he had suffered fractu;I'e-- and ulna of left forearm. In that regard,_.the~--..doctor was examined as PW.6, has fvthe 30»~35% and the Tribunal hadreckioned thecg.savrn:e:ati';1.5%;"'cg In the instant case, claimant c_ontendieid':th1at he was carrying on agricultural°:and'_xalso" 'h_o.te'l.pbusiness and in this regard documents gma.rk.edi--.iare 'bias Ex.P--20. In the natiureiliof clairried, it would be difficult to accept that was being carried out. In any casve, eVe*n_ifVtb1--e avocsation is taken as agricultural, in ' .''vieWve----of the "piroductiioin of the documents and considering fracture of tibia of right leg and left forearm fthere is no serious dispute with regard to the ii"'4"-..fiunion oI"xfi*acture, the disability reckoned is slightly on the ._h'igl'1--e-r'i side, as such it is appropriate to reckon it as 10%. If---7the same is done the compensation under the head on photo copier business and also shop was being run the by him. in such event, the disability of 15% reckonedis on the higher side, as such it would be assessed the other heads, the compensation awarded-'.d:oe,sLiolt'icail for interference. Hence, while reckoning lQ%':vdisiabi'lit'y,, the compensation under the loss, of «.eiar'niiig.,, capacity would be in a suaiiga. Rsisaoooj/1-"iastead oi"
75,500/-- as awarded .b3:,_&th,e'iiTri'ei;iriei1..._ Tiierefere, there would be a reduction of the total compensation,~'woul'd be in :.of'*R's_,,,l,20,000/- instead of Rs.l:,'i?5llll;'i'€.-Q",/'_ byh._lth"eilTribunal. To the said extent and same ..re'du--ced.
_1a Mvc.i'§49/2007; The injuries suffered by been established by the documents at wound certificate. As per the same, the
--vclairriant"-bhass suffered fracture of the right tibia and also ll,:mi'r1o--r.A injuries. In this regard, the Tribunal has taken '--«ii'-'notelof the said injuries and also the evidence tendered by 54 the very same doctor who was examined as PW.6. The said doctor has referred to the nature of the injuries suffered, the treatment given to the patient and has stated the disability at 25% to 30% to the whole bodyf"ari'dij.the Tribunal has reckoned the same at 12%. I31: case also, taking note of the avocation of the _.V¢1ja£.ns¢mt;.v the disability reckoned is marginallynilhighii same is reckoned at Rs. 10% On the other heads, thre---compensation...amiarded is appropriate. If the saidll4ld'isabi1itlj,}::'islirecisioned, the amount towards:vv_los)s of?,fiiture'-earning would be in a sum of Rs.54,00()i/Elpasvv sum of Rs.64,800/-- awarded _._by l'I'1*ibunal.«..l:uplfflence, there would be reduction of A"2Rs;'1-4V,V80:C),(--'.«.vi:ViThus, the total compensation in the instant ca:-Sci'; a sum of Rs.1,08,500/* as against the A [sum l4of..fl{s.lv,4l23,3OO/-- awarded by the Tribunal and as «the same stands reduced.
<£ av:
With the above modification in MVC.Nos.54'7/O7, 548/07 and lViVC.No.549/O7', these appeals stand disposed of. The amount in deposit before this Cou:_ct___sha11 be transmitted to the Tribunal and the balance' amount shall be deposited by the Insuranoe within a period of six weeks from-'the'«dat.e of :13t:;:_eipt--1'ofi"a J copy of this order. On deposit, made in terms of the direction"is"st1ed with it regard to the deposit ar1"d__the .pi9opVoi'tiioriate disbiirsement.