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MFA No. 101222 of 2016

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 21^ST DAY OF JUNE, 2022

PRESENT

THE HON'BLE MR JUSTICE KRISHNA S.DIXIT

AND

THE HON'BLE MR JUSTICE P.KRISHNA BHAT

MISC. FIRST APPEAL NO. 101222 OF 2016 (MV-D)

BETWEEN:

THE MANAGER,

ROYAL SUNDARAM ALLIANCE

INSURANCE CO. LTD.,

DB PLAZA, 3RD FLOOR, 47,

WHITES ROAD, CHENNAI,

TAMIL NADU-600014,

REPTD., BY ITS AUTHORIZED

SIGNATORY, ROYAL SUNDARAM ALLIANCE

INSURANCE CO. LTD.,

IIIRD FLOOR, SUBRAMANIYAM

BUILDING NO.1, CLUB HOUSE

ROAD, CHENNAI.

…APPELLANT

(BY SRI. G N RAICHUR, ADVOCATE)

AND:

1.

SHRUTI UMESH KAMBLE,

AGE:24 YEARS, OCC:HOUSEHOLD,

R/O: GOUSIDDANAMADDI, ATHANI,

TQ: ATHANI, DIST: BELAGAVI.

2.

SADASHIV CHANDRAPPA KAMBALE,

AGE:74 YEARS, OCC:HOUSEHOLD,

R/O: GOUSIDDANMADDI, ATHANI,

TQ: ATHANI, DIST: BELAGAVI.

Digitally signed

by JAGADISH T

R

Location: HIGH

COURT OF

KARNATAKA,

DHARWAD

Date:

2022.06.24

10:04:25 +0530

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MFA No. 101222 of 2016

3.

RAMESH SHANKAR BURUD,

AGE:42 YEARS, OCC:BUSINESS,

R/O: ASHIRWAD NILAYA,

RENUKA NAGAR, MIRAJ ROAD,

ATHANI, TQ: ATHANI,

DIST: BELAGAVI.

(OWNER OF INDICA CAR BEARING

NO. TEMPORARY PASSING NO.KA-22/T-2499)

…RESPONDENTS

(BY SRI. SHARAD V MAGADUM & SRI. H.R. DESHPANDE,

ADVOCATES FOR R1 & R2) (R3-SERVED)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT

1988, AGAINST THE JUDGMENT & AWARD DATED:09.02.2016,

PASSED IN MVC.NO.1838/2012 ON THE FILE OF THE

ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL

MOTOR ACCIDENT CLAIMS TRIBUNAL, ATHANI, AWARDING

THE COMPENSTION OF RS.5,20,006/- WITH INTEREST AT THE

RATE OF 6% P.A., FROM THE DATE OF PETITION TILL ITS

COMPLETE REALISATION.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,

P. KRISHNA BHAT J., DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is at the instance of the Insurance

Company calling in question the correctness of judgment

and award dated 9.2.2016 in MVC No.1838/2012 passed

by the learned Addl. Senior Civil Judge & Addl. MACT,

Athani (for short, ‘MACT’), awarding a compensation of

Rs.5,20,006/- with interest thereon at 6% per annum from

the date of petition till date of payment.

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MFA No. 101222 of 2016

2.

Brief facts are that on 1.8.2010, at about 5.30

p.m., while deceased Umesh Kamble was driving a Car

bearing TP registration No.KA-22/T-2499 belonging to

respondent No.3 herein and insured with the appellant-

insurer,

near

Farmhouse

of

Shankar

Kandugol

of

Shindikurbet village on Ghataprabha-Gokak road, driver of

Truck bearing registration No.KA-27/6446 drove the same

in a rash and negligent manner and in high speed and

dashed against the Car resulting in death of the deceased.

3.

The claim petition filed by the claimants was

resisted by the appellant/Insurance Company by filing its

detailed written statement and respondent No.3 remained

exparte.

4.

During trial, claimant No.1 examined herself as

PW1 and Exs.P1 to P9 were marked. The Insurance

Company examined one of it’s officials as RW1 and Ex.R1

and R2 were marked.

5.

After hearing the learned counsel on both sides

and perusing the material on record, the learned MACT

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MFA No. 101222 of 2016

allowed

the

claim

petition

in

part

by

awarding

compensation as stated above.

6.

Learned counsel for the appellant/Insurance

Company strenuously contended that the claim petition

filed only against owner and insurer of the car in question

is liable to be dismissed for non-joinder of necessary

parties. He submitted that the accident resulting in death

of the deceased had occurred on account of collision

between two vehicles and therefore, owner and insurer of

Truck in question being not made a party, petition is not

maintainable.

He

further

contended

that

charge

sheet(Ex.P7) has been filed against the driver of Truck as

well as deceased and since one of the tortfeasors having

not been made a party, petition was filed in an improper

manner. He contended th