Back
2023 Supreme(Online)(KAR) 4595
- 1 -
MFA No. 103202 of 2016
C/W MFA No. 100148 of 2017,
MFA.CROB No. 100029 of 2017,
MFA No. 100290 of 2017,
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR JUSTICE R.DEVDAS
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
MISCELLANEOUS FIRST APPEAL NO. 103202 OF 2016 C/W
MISCELLANEOUS FIRST APPEAL NO. 100148 OF 2017,
M.F.A. CROSS OBJECTION NO. 100029 OF 2017
MISCELLANEOUS FIRST APPEAL NO. 100290 OF 2017 (MV)
IN MFA NO.103202/2016
BETWEEN:
THE NATIONAL INSURANCE CO. LTD.,
RAMADEV GALLI, BELAGAVI,
REPRESENTED BY MANAGER,
NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE, ARIHANT PLAZA,
KUSUGAL ROAD, HUBBALLI-580001.
…APPELLNAT
(BY SRI. S.V. YAJI, ADVOCATE)
AND:
1.
BASHEERAHAMED
S/O APPASAHEB SANADI,
AGE: 46 YEARS,
OCC: GOVERNMENT SERVANT,
2.
SMT.NASIMABANU
W/O BASHEERAHAMED SANADI,
AGE: 40 YEARS, OCC: HOUSEHOLD,
RESPONDENT 1 AND 2 ARE THE
R/O: KATAKOL, TQ: RAMADURGA,
DIST: BELAGAVI-590002.
John
Doe
Digitally
signed by
John Doe
Location:
DHARWAD
Date:
2023.03.13
16:21:45 -
0700
- 2 -
MFA No. 103202 of 2016
C/W MFA No. 100148 of 2017,
MFA.CROB No. 100029 of 2017,
MFA No. 100290 of 2017,
3.
SOMALINGAPPA PARASAPPA PUJER,
AGE: 26 YEARS, OCC: AGRICULTURUST,
R/O: KATAKOL, TQ: RAMADURGA,
DIST: BELAGAVI-590002.
4.
NEMINATH S/O AJIT HARDI,
AGE 45 YEARS, OCC: BUSINESS,
R/O: H.NO.4527, SHANTI GALLI,
TQ and DIST: BELAGAVI-590002.
5.
THE S.B.I. GENERAL INSURANCE CO.
NATRAJ, 101, 201 and 301 JUNCTION OF
WESTERN EXPRESS HIGHWAY AND
ANDHERI KURLA ROAD, ANDHERI EAST.
MUMBAI-400069.
…RESPONDENTS
(BY SRI.UMESH C.AINAPUR, ADV. FOR R1 & R2,
SRI.SUBHASH J.BADDI, ADV. FOR R5,
R3 SERVED)
THIS MFA IS FILED U/S. 173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT & AWARD DATED:05.07.2016, PASSED IN
MVC.NO.254/2015 ON THE FILE OF THE V ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS
TRIBUNAL-VI, BELAGAVI, AWARDING THE COMPENSATION OF
RS.18,45,000/- WITH INTEREST AT THE RATE OF 9% P.A. FROM THE
DATE OF PETITION TILL THE DATE OF REALIZATION.
IN MFA NO.100148/2017
BETWEEN:
NATIONAL INSURANCE CO LTD,
REPTD THROUGH ITS DIVISIONAL
MANAGER, DIVISIONAL OFFICE,
BELGAVI-1, HEREIN REPTD, BY
ADMINISTRATIVE OFFICER,
NATIONAL INSU CO LTD, REGIONAL OFFICE,
KUSUGAL ROAD, HUBLI
…APPELLANT
(BY SRI. S.V. YAJI, ADVOCATE)
AND:
1.
SRI. SURESH BASAPPA VANNUR,
AGE:51 YEARS,
- 3 -
MFA No. 103202 of 2016
C/W MFA No. 100148 of 2017,
MFA.CROB No. 100029 of 2017,
MFA No. 100290 of 2017,
OCC:NIL, R/O NAIK GALLI,
MARIHAL, TQ:BELAGAVI,
DIST:BELAGAVI-591103.
2.
SMT. MALLAWA W/O SURESH VANNUR
AGE:46 YEARS, OCC:NIL,
R/O NAIK GALLI, MARIHAL, TQ:BELAGAVI,
DIST:BELAGAVI-591103.
3.
MR. SOMALINGAPPA S/O PARASAPPA
PUJAR, AGE:MAJOR,
OCC:HOUSEHOLD,
R/O KATKOL VILLGE,
TQ:RAMADURG, DIST:BELAGAVI.
…RESPONDENTS
(BY SRI.YASH R.NADKARNI, ADV. FOR
SRI. VITTHAL S TELI, ADV. FOR C/R1 and R2,
R3 SERVED)
THIS MFA IS FILED U/S. 173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT & AWARD DATED:17.10.2016, PASSED IN
MVC.NO.692/2015 ON THE FILE OF THE V ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS
TRIBUNAL-VI, BELAGAVI, AWARDING THE COMPENSATION OF
RS.14,03,000/- WITH INTEREST AT THE RATE OF 9% P.A. FROM THE
DATE OF PETITION TILL THE DATE OF REALIZATION.
IN M.F.A. CR. OB.100029/2017
BETWEEN:
1.
SHRI.SURESH BASAPA VANNUR,
AGE: 51 YEARS, OCC: NIL,
2.
SMT.MALLAWA W/O SURESH VANNUR,
AGE: 46 YEARS, OCC: NIL,
R/O: NAIK GALLI, MARIHAL,
TAL and DIST: BELAGAVI-591103.
…CROSS OBJECTORS
(BY SRI.YASH NADKARNI, ADVOCATE FOR
SRI. VITTHAL S TELI, ADVOCATE)
AND:
1.
SOMLINGAPPA PARASAPPA PUJAR,
AGE: MAJOR, OCC: BUSINESS,
- 4 -
MFA No. 103202 of 2016
C/W MFA No. 100148 of 2017,
MFA.CROB No. 100029 of 2017,
MFA No. 100290 of 2017,
R/O: KATKOL, TAL: RAMDURG,
DIST: BELAGAVI.
2.
NATIONAL INSURANCE COMPANY LTD.,
REPRESENTED THROUGH ITS
DIVISIONAL MANAGER,
DIVISIONAL OFFICE, BELAGAVI-01.
…RESPONDENTS
(BY SRI.S.V.YAJI, ADVOCATE FOR R2,
NOTICE TO R1 SERVED)
THIS M.F.A. CR.OB. IN M.F.A. NO.100148/2017 FILED UNDER
ORDER 41 RULE 22 OF CPC. AGAINST THE JUDGMENT AND AWARD
DATED 17.10.2016 PASSED IN M.V.C. NO.692/2015 ON THE FILE OF
THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MOTOR
ACCIDENT CLAIMS TRIBUNAL-VI, BELAGAVI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
IN MFA NO.100290/2017
BETWEEN:
1.
BASHEERAHMED S/O APPASAHEB SANADI,
AGED ABOUT 46 YEARS,
OCC: GOVERNMENT SERVICE,
2.
SMT.NASIMABANU W/O BASHEERAHMED SANADI,
AGED ABOUT 40 YEARS, OCC: HOUSEHOLD WORK,
BOTH ARE R/O: KATAKOL, TALUK RAMADURG,
DISTRICT: BELAGAVI.
…APPELLANTS
(BY SRI.UMESH C.AINAPUR, ADVOCATE)
AND:
1.
SOMALINGAPPA PARASAPPA PUJER,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: KATAKOL, TALUK: RAMADURG,
DISTRICT: BELAGAVI.
2.
THE NATIONAL INSURANCE COMPANY LIMITED,
RAMDEV GALLI, BELAGAVI.
…RESPONDENTS
(BY SRI.S.V.YAJI, ADVOCATE FOR R2,
R1-SERVED)
- 5 -
MFA No. 103202 of 2016
C/W MFA No. 100148 of 2017,
MFA.CROB No. 100029 of 2017,
MFA No. 100290 of 2017,
MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST
THE JUDGMENT AND AWARD DATED 05.07.2016 PASSED IN MVC
NO.254/2015 ON THE FILE OF THE V-ADDITIONAL DISTRICT AND
SESSIONS JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS
TRIBUNAL VI, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION
FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT
OF
COMPENSATION.
THESE APPEALS AND THE CROSS OBJECTION COMING ON FOR
ADMISSION THIS DAY, R.DEVDAS J., DELIVERED THE FOLLOWING:
R.DEVDAS J., (ORAL):
MFA No.103202/2016 and MFA No.100148/2017 are
filed at the hands of the National Insurance Company,
while MFA Cr. Ob. No. 100029/2017 filed in MFA
No.100148/2017, and the MFA No.100290/2017 are filed
by
the
claimants
seeking
enhancement
of
the
compensation.
Since all these matters arise out of a common
accident, the same are heard together and disposed off by
this common judgment.
It was the case of the claimants that on 01.01.2015
a light motor vehicle Bolero bearing Reg.No.KA-25/P-6722
was being driven from Belagavi towards Bagalkot on the
- 6 -
State Highway. The vehicle collided against a stationed
lorry bearing Reg.No.KA-22/B-4249 and all the occupants
of the Bolero vehicle were severely injured. Some of the
occupants succumbed to the injuries and died. Insofar as
the claim of the petitioners in MVC No.692/2015 and MFA
Cr. Ob. No.100029/2017 is concerned, the contention is
that the deceased Santosh Suresh Vannur was walking on
the footpath and the Bolero vehicle came from behind,
dashed against the deceased person throwing him of the
ground and further the vehicle proceeded and dashed
against the stationed lorry. Although it was contended on
behalf of the appellant-Insurance Company that accident
had occurred only due to the negligence of the lorry driver
who had parked the vehicle on a State Highway without
taking precautions, the said contention was negatived by
the Tribunal and the Tribunal proceeded to award
compensation to the claimants. However,
since
two
appeals are filed at the hands of the Insurance Company,
the contention of the Insurance Company shall be
considered first.
- 7 -
Having regard to the evidence available on record,
this court is of the considered opinion that Ex.P4 which is
the spot sketch and panchanama corroborates with the
contention raised by the claimants in MVC No.692/2015
(pedestrian). The spot sketch and panchanama clearly
shows that the deceased Santosh Suresh Vannur was
walking on the left side of the footpath on the State
Highway and the offending vehicle Bolero came from
behind and dashed against the pedestrian. Therefore,
offending vehicle which was driven in a rash and negligent
manner proceeded to collide with the stationed truck
which was parked on the left side of the road. There is no
doubt that the Bolero vehicle was being driven in a rash
and negligent manner which was the cause for the
accident. Initially, having collided with a pedestrian who
was walking on the foot path, the further course of the
offending vehicle going and colliding with the stationed
truck would also justify the contentions raised by the
claimants that the Bolero vehicle was being driven in a
rash and negligent manner and therefore, the blame
- 8 -
cannot be shifted on the driver of the stationed truck,
even if the tail lights were not put on as sought to be
contended by the appellant-Insurance Company.
Learned counsel Sri.S.V.Yaji appearing for the
appellant-Insurance Company seeks to place reliance on a
decision of this Court in the case of New India
Assurance Co., Ltd. Vs. Yousurf Basha and another
reported in 2015 ACJ 1216. No doubt, it has been opined
that necessary care and precaution is required to be taken
while parking heavy vehicles on the highways, if it is a
national highway or State highway. However, having
regard to the material available on record, it is clear that
there can be no manner of doubt that the driver of the
Bolero vehicle after colliding with a pedestrian, last control
and thereafter proceeded to dash against the stationed
truck. In that view of the matter, the fact matrix obtained
in the present case is not the same as the case in Yousurf
Basha supra which was cited by the appellant-Insurance
company. In that view of the matter, this Court is of the
- 9 -
considered opinion that the two appeals filed by the
Insurance Company raising a challenge to the liability
fastened on the Bolero Vehicle cannot be sustained.
Accordingly, both the appeal
