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2022 Supreme(Online)(Kar) 61043
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MFA No. 690 of 2010
C/W MFA No. 1463 of 2013
MFA No. 2707 of 2015
MFA No. 2708 of 2015
MFA No. 2709 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 690 OF 2010 (MV-)
C/w.
MISCELLANEOUS FIRST APPEAL NO. 1463 OF 2013
MISCELLANEOUS FIRST APPEAL NO. 2707 OF 2015 (MV-I )
MISCELLANEOUS FIRST APPEAL NO. 2708 OF 2015 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 2709 OF 2015 (MV-D)
IN M.F.A. No.690/2010
BETWEEN:
ORIENTAL INSURANCE CO. LTD
BRANCH OFFICE, UDUPI
NOW REP. BY ITS REGIONAL MANAGER
ORIENTAL INSURANCE CO. LTD.,
REGIONAL OFFICE, #44/45,
LEO SHOOPPING COMPLEX,
RESIDENCY ROAD,
BANGALORE-560 025
&APPELLANT
(BY SRI. A.N.KRISHNA SWAMY, ADVOCATE)
AND:
1.
SMT.GOWRAMMA
Digitally signed
by KIRAN
KUMAR R
Location: High
Court of
Karnataka
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MFA No. 690 of 2010
C/W MFA No. 1463 of 2013
MFA No. 2707 of 2015
MFA No. 2708 of 2015
MFA No. 2709 of 2015
W/O RAJAPPA,
AGED ABOUT 64 YEARS
R/O MAVALLI, HEMMAKKI GRAMA
SINDHUVADI POST, THIRTHAHALLI TQ
SHIVAMOGGA DISTRICT
SINCE DEAD BY HER SON L.R.
SRI.SRINIVAS
S/O RAJAPPA
MAJOR,
R/A MAVALLI, HEMMAKKI GRAMA
SINDHUVADI POST, THIRTHAHALLI
SHIMOGA DISTRICT
2.
VAMAN KUTTAN
S/O VIKRAMAN NAYAR,
AGED ABOUT 33 YEARS
DRIVER,
R/O JALAJA MARAKALTHIMANE
KOTEKERE, KUCHHURR VILLAGE
BARKOOR, UDUPI DIST
3.
YADAVA BHANDARI
S/O SURYA BHANDARI,
MAJOR
OWNER OF MEG 8383
R/O ANANDI NIVASA, CHANDRAKATTE PO
KHRODESHRAMA, UDUPI TQ
&RESPONDENTS
(BY SRI.S.V.PRAKASH, ADVOCATE FOR R1 (A)
SRI K.PRASAD HEGDE, ADVOCATE FOR R2
MISS.PRASANNA K., FOR
SRI.CHANDRANATH ARIGA, ADVOCATE FOR R3)
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MFA No. 690 of 2010
C/W MFA No. 1463 of 2013
MFA No. 2707 of 2015
MFA No. 2708 of 2015
MFA No. 2709 of 2015
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08.10.2009 PASSED IN MVC
NO.543/2006 ON THE FILE OF PRESIDING OFFICER, FAST
TRACK
COURT-III
&
ADDITIONAL
MACT-IV,
SHIMOGA,
AWARDING
A
COMPENSATION
OF
RS.2,15,000/-
WITH
INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL
DEPOSIT.
IN M.F.A. No.1463/2013
BETWEEN:
ORIENTAL INSURANCE CO. LTD
DIVISIONAL OFFICE
II FLOOR, VISHNU PRAKASH BULDING
COURT ROAD
UDUPI-576 101
NOW REPRESENTED BY ITS
REGIONAL MANAGER
ORIENTAL ISURANCE CO. LTD.,
REGIONAL OFFICE
SUMANGALA COMPLEX
II FLOOR, LAMINGTON ROAD
HUBLI-580 020
&APPELLANT
(BY SRI. A.N.KRISHNA SWAMY, ADVOCATE)
AND:
1 . UMESH POOJARY
AGED ABOUT 31 YEARS
S/O LATE SOMAPPA
R/A ANJARU, PALUBETTU
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MFA No. 690 of 2010
C/W MFA No. 1463 of 2013
MFA No. 2707 of 2015
MFA No. 2708 of 2015
MFA No. 2709 of 2015
BRINDAVANA NIVAS
HIRIADKA POST
UDUPI TALUK
2 . JAYAPRAKASH
AGED ABOUT 38 YEARS
S/O K YADAVA BHANDARY
R/A ANJARU, PALUBETTU
BRINDAVANA NIVAS
HIRIDKA POST, UDUPI TALUK
&RESPONDENTS
(BY SRI.H.JAGANATH POOJARY, ADVOCATE FOR R1
MISS.PRASANNA K., ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.07.2012 PASSED IN MVC
NO.1086/2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE,
ADDITIONAL
MACT,
UDUPI,
AWARDING
A
COMPENSATION OF Rs.2,72,666/- WITH INTEREST @ 8% P.A
FROM THE DATE OF PETITION TILL REALIZATION.
IN M.F.A. No.2707/2015
BETWEEN:
DIVISIONAL MANAGER
ORIENTAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, II FLOOR,
VISHNU PRAKASH BUILDING,
COURT ROAD,
UDUPI- 576 101
NOW REPRESENTED BY ITS
- 5 -
MFA No. 690 of 2010
C/W MFA No. 1463 of 2013
MFA No. 2707 of 2015
MFA No. 2708 of 2015
MFA No. 2709 of 2015
REGIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD.,
REGIONAL OFFICE, SUMANGALA COMPLEX,
II FLOOR, LAMINGTON ROAD
HUBLI- 580 020
&APPELLANT
(BY SRI. A.N.KRISHNA SWAMY, ADVOCATE)
AND:
1 . NARAYANA DEVU GOWDA
S/O DEVU GOWDA,
NOW AGED ABOUT 44 YEARS,
2 . THOLSU DEVU GOWDA
S/O DEVU GOWDA,
NOW AGED ABOUT 42 YEARS,
BOTH ARE R/A GUDABALLI,
HOLEGADDE POST, KUMTA TALUK,
UTTARA KANNADA DISTRICT
3 . K.YADAVA BHANDARY
S/O SOORYA BHANDARY,
NOW AGED ABOUT 54 YEARS,
R/O ANANDA NIVAS,
KRODASHRAM, KODAURU POST,
UDUPI TALUK.
4 . SMT SUMATHI MARU GOWDA
D/O GOPAL DEVU GOWDA,
NOW AGED ABOUT 36 YEARS,
R/O UNCHAGE, KUMTA TALUK,
UTTARA KANNADA DISTRICT
5 . SHIVI HARISCHANDRA GOWDA
- 6 -
MFA No. 690 of 2010
C/W MFA No. 1463 of 2013
MFA No. 2707 of 2015
MFA No. 2708 of 2015
MFA No. 2709 of 2015
D/O GOPAL DEVU GOWDA,
NOW AGED ABOUT 38 YEARS,
R/O BAGRANI, SALIKERI,
HONNAVARA TLAUK,
UTTARA KANNDA DISTRICT
&RESPONDENTS
(BY SRI.VARADARAJ R.HAVALDAR, ADVOCATE FOR R1 & R2
MISS.PRASANNA K., FOR
SRI.K.CHANDRANATH ARIGA, ADVOCATE FOR R3)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.04.2014 PASSED IN MVC
NO.702/2006 ON THE FILE OF THE ADDITIONAL DISTRICT &
SESSIONS JUDGE, MACT, UDUPI, (SITTING AT KUNDAPURA),
AWARDING
A
COMPENSATION
OF
RS.5,04,000/-
WITH
INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL
DEPOSIT.
IN M.F.A. No.2708/2015
BETWEEN:
DIVISIONAL MANAGER
ORIENTAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, II FLOOR,
VISHNU PRAKASH BUILDING,
COURT ROAD,
UDUPI- 576 101
NOW REPRESENTED BY ITS
REGIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD.,
REGIONAL OFFICE, SUMANGALA COMPLEX,
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MFA No. 690 of 2010
C/W MFA No. 1463 of 2013
MFA No. 2707 of 2015
MFA No. 2708 of 2015
MFA No. 2709 of 2015
II FLOOR, LAMINGTON ROAD
HUBLI- 580 020
&APPELLANT
(BY SRI. A.N.KRISHNA SWAMY, ADVOCATE)
AND:
1 . SMT. GANAPATI KUPPA MUKRI
W/O KRUPPA @ KUPPAJJA,
NOW AGED ABOUT 49 YEARS,
2 . MANJUNATHA KUPPA MUKRI
S/O KUPPA @ KUPPAJJA
NOW AGED ABOUT 27 YEARS,
BOTH ARE R/A KONAKAL,
KARKI VILLAGE & POST,
HONNAVAR TALUK,
UTTAR KANNADA DISTRICT
3 . K.YADAVA BHANDARY
S/O SOORYA BHANDARY,
NOW AGED ABOUT 54 YEARS,
R/O ANANDA NIVAS,
KRODASHRAM, KODAURU POST,
UDUPI TALUK.
&RESPONDENTS
(BY SRI.VARADARAJ R.HAVALDAR, ADVOCATE FOR R1 & R2
MISS.PRASANNA K., ADVOCATE FOR R3)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.04.2014 PASSED IN MVC
NO.777/2006 ON THE FILE OF ADDITIONAL DISTRICT &
SESSIONS JUDGE, MACT, UDUPI, (SITTING AT KUNDAPURA),
- 8 -
MFA No. 690 of 2010
C/W MFA No. 1463 of 2013
MFA No. 2707 of 2015
MFA No. 2708 of 2015
MFA No. 2709 of 2015
AWARDING
A
COMPENSATION
OF
RS.3,17,000/-
WITH
INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL
DEPOSIT.
IN M.F.A. No.2709/2015
BETWEEN:
DIVISIONAL MANAGER
ORIENTAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, II FLOOR,
VISHNU PRAKASH BUILDING,
COURT ROAD,
UDUPI- 576 101
NOW REPRESENTED BY ITS
REGIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD.,
REGIONAL OFFICE, SUMANGALA COMPLEX,
II FLOOR, LAMINGTON ROAD
HUBLI- 580 020
&APPELLANT
(BY SRI. A.N.KRISHNA SWAMY, ADVOCATE)
AND:
1 . SMT. GOWRI MADHAVA PATAGAR
W/O LATE MADHAVA PATAGAR,
NOW AGED ABOUT 37 YEARS,
2 . NAGARAJA
S/O LATE MADHAVAN PATAGAR,
NOW AGED ABOUT 16 YEARS,
3 . KARTHIK
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MFA No. 690 of 2010
C/W MFA No. 1463 of 2013
MFA No. 2707 of 2015
MFA No. 2708 of 2015
MFA No. 2709 of 2015
S/O LATE MADHAVA PATAGAR,
NOW AGED ABOUT 14 YEARS,
RESPONDENT NO.2 & 3 ARE SINCE MINORS
RETED BY THEIR NATURAL
GUARDIAN/MOTHER THE
1ST RESPONDENT HEREIN
ALL ARE R/A HARNER,
DEVAGIRI VILLAGE,
KUMTA TALUK,
UTTARA KANNADA DISTRICT
4 . K.YADAVA BHANDARY
S/O SOORYA BHANDARY,
NOW AGED ABOUT 54 YEARS,
R/O ANANADA NIVAS,
KRODASHRAM, KODAURU POST
UDUPI TALUK.
&RESPONDENTS
(BY SRI.VARADARAJ R.HAVALDAR, ADVOCATE FOR R1 & R2
MISS.PRASANNA K., ADVOCATE FOR R4)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.04.2014 PASSED IN MVC
NO.778/2006 ON THE FILE OF THE ADDITIONAL DISTRICT AND
SESSIONS
JUDGE
&
MACT,
UDUPI,
AWARDING
A
COMPENSATION OF RS.6,05,000/- WITH INTEREST @ 6% P.A
FROM THE DATE OF PETITION TILL DEPOSIT.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 690 of 2010
C/W MFA No. 1463 of 2013
MFA No. 2707 of 2015
MFA No. 2708 of 2015
MFA No. 2709 of 2015
These appeals are by the insurers challenging the
awards of the Tribunal by which the Tribunal has granted
compensation in respect of the deaths that occurred and
the injuries suffered by the people travelling in the lorry in
question.
The contention of the claimants was that they had
boarded the lorry bearing registration No.MEG/8383 which
belonged to one K.Yadava Bhandary. It was their
contention that the said lorry was transporting tent
materials as per the instruction of the owner of the Mela
along with other co-workers and artists of Saligrama Mela
at Menasinakuli, Sagar Taluk, in order to reach Idoor
Kuiadi, Kundapur Taluk. It was stated that when the said
vehicle was travelling near Jadkal School, Kundapurua
Taluk, the driver of the lorry lost control of the lorry and
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as a result, the lorry turned turtle, resulting in four deaths
and injuries to several other inmates of the lorry.
The Tribunal, on considering the evidence adduced
before it, came to the conclusion that the insurer of the
lorry was liable to pay the compensations, as the
insurance policy did provide for risk cover to the non-fare
paying passengers also.
4.
The insurer is, however, in appeals contending that
the risk cover of the insurance company in relation to the
non-fare paying passengers will have to be limited only to
three since, only a sum of Rs.75/- was collected as
premium.
5.
The India Motor Tariff Endorsement No.37, which
deals with legal liability to non-fare paying passengers
other than statutory liability, is extracted in the contract of
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policy itself, which is produced as Ex.R-1. The said
endorsement reads as follows:
"IMT 37 Legal Liability to Non-Fare Paying
Passengers other than Statutory Liability
except
the
Fatal
Accidents
Act,
1855
(Commercial Vehicles only)
In consideration of the payment of an additional
premium
of
Rs..........
and
notwithstanding
anything to the contrary contained in Section II-1
(b) and (c) it is hereby understood and agreed that
the Company will Indemnify the Insured against his
legal liability other than liability under the Statute
(except the Fatal Accidents Act 1855) in respect of
death of or bodily injury to:-
i) Any employee of the within named insured
who is not a workman within the meaning of
the Workmen9s Compensation Act Prior to
date of this endorsement and not being
carried for hire or reward.
ii) Any other person not being carried for hire or
reward provided that the person is
a) charterer or representative of
the charterer of the truck
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b) Any other person directly
connected with the journey
in one form or other being
carried
in
or
upon
or
entering
or
mounting
or
alighting from any Motor
Vehicle
described
in
the
schedule of the policy.
Subject otherwise to the terms exceptions
conditions and limitation of this policy."
6.
As could be seen from the said Endorsement clause,
there is no limit regarding number of passengers that are
covered under the policy. The policy uses the specific
expression 'passengers' unconditionally. In the light of the
wordings of the contract of policy itself i.e., IMT No.37, the
insurer would be legally liable to cover the risk of all the
non-fare paying passengers as well.
7.
The argument that the risk cover is limited to only
three persons because a premium of Rs.75/- was collected
cannot be accepted in the light of the clear wordings of
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IMT No.37 which does not limit the risk cover to only three
passengers.
8.
I am, therefore, of the view that the insurer of the
lorry in question would be legally obliged to cover the risk
of all the passengers travelling in the lorry at the time of
the accident who suffered death or permanent injuries.
9.
The sums awarded to the claimants by the Tribunal
and the liability saddled on the insurer of the lorry in
question cannot therefore be found fault with.
10.
The appeals are therefore rejected.
11.
The amounts in deposit, if any, are ordered to be
transmitted to the Tribunal fo
