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MFA No. 101712 of 2015
MFA.CROB No. 100166 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
MISCELLANEOUS FIRST APPEAL NO. 101712 OF 2015
(MV-D)
C/W
MFA CROB.NO. 100166 OF 2016 (MV-D)
IN MFA NO.101712/2015
BETWEEN:
THE MANAGER,
NATIONAL INSURANCE CO.LTD.,
BMC HOUSE, CANNAOUGHT PLACE, NEW DELHI-110001,
THROUGH ITS BRANCHOFFICE AT
RAMADEO GALLI, BELGAUM,
NOW REPRESENTED BY DEPUTY MANAGER,
NATIONAL INSURANCE CO.LTD.,
REGIONAL OFFICE, 3RD FLOOR,
ARIHANT BUILDING, KUSUGAL ROAD, HUBBALLI.
…APPELLANT
(BY SRI. SURESH S GUNDI .,ADVOCATE)
AND:
1.
SMT.PRIYANKA WO BABU MUNTELKAR
@ SATARKAR @ WARANDEKAR,
AGE: 23 YEARS, OCC: HOUSEHOLD,
R/O: GHARLI, TALUK: KHANAPUR, DIST: BELAGAVI.
MOHANKUMAR
B SHELAR
Digitally signed by
MOHANKUMAR B SHELAR
Location: High Court of
Karnataka, Dharwad
Date: 2023.02.01 11:07:06
+0530
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MFA No. 101712 of 2015
MFA.CROB No. 100166 of 2016
2.
VINOD PANDURANG SHIRSAT
(SINCE DECEASED BY HIS LR FATHER)
(SHRI.PANDURANG S/O GANESH SHIRSAT SINCE
DECEASED BY HIS LR DAUGHTER),
2A
CHAYA D/O PANDURANG SHIRSAT
AGE: 34 YEARS, OCC: HOUSEHOLD WORK,
R/O # 311 SHIVAJI GALLI, RAM NAGAR SUPA,
RAMNAGAR UTTAR KANNADA,
KARNATAKA STATE.
3
SRI.LAXMAN BANU MUNTELKAR @ SATARKAR @
WARANDEKAR, AGE: 50 YEARS,
R/O: VAINI, TAL:JOIDA, DIST:KARWAR
(SINCE CECEASED BY HIS LRS)
3A. SMT.RAJESHWARI W/O. RAJARAM
BANDEKAR, AGE:40 YEARS,
OCC:HOUSEHOLD,
R/O. ULWI, TAL:JOIDA,
DIST:KARWAR(NK)
3B. SMT.NIKITA W/O. NARAYAN WAGELKAR,
AGE:37 YEARS, OCC:HOUSEHOLD,
R/O. GARLI, TAL:KHANAPUR, DIST:BELAGAVI
3C. SMT.BABY W/O. RAJARAM BANDEKAR,
AGE:35 YEARS, OCC:HOUSEHOLD,
R/O. MOHISHET, TAL:KHANAPUR, DIST:BELAGAVI.
3D. SMT.LATA W/O. LAXMAN MIRASI,
AGE:31 YEARS, OCC:HOUSEHOLD,
R/O.RAJAWAL, TAL:KAHNANPUR,
DIST:BELAGAVI.
3E. SMT.SUNANDA W/O. SURESH BANDEKAR,
AGE:28 YEARS, OCC:HOUSEHOLD,
R/O. ULWI, TAL:JOIDA,
DIST:KARWAR(NK).
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MFA No. 101712 of 2015
MFA.CROB No. 100166 of 2016
4.
SMT. LAXMI W/O.LAXMAN MUNTELKAR,
@ SATARKAR @ WARANDEKAR,
AGE:48 YEARS, OCC:HOUSEHOLD,
R/O. WANI, TAL:JOIDA, DIST:KARWAR(NK).
…RESPONDENTS
(BY SRI. K H BAGI, ADV. FOR R1 AND R3(A,D,E) & R4,
SR.ASHOK A.NAIK, ADV. FOR R2(A);
R3(B) SERVED; R3(C) NOTICE HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173(1) OF M.V.ACT
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED
18.03.2015 PASSED IN MVC NO.1530/2012 BY THE III ADDL.
SENIOR CIVIL JUDGE AND MACT, BELGAUM.
IN MFA CROB. 100166/2016
BETWEEN:
1.
SMT.PRIYANKA W/O BABU MUNTELKAR
@ SATARKAR, AGE: 26 YEARS, OCC: HOUSEHOLD,
R/O: GARLI, TQ: KHANAPUR,
DIST: BELAGAVI.-591302
2.
LAXMI W/O LAXMAN MUNTELKAR
@ SATARKAR, AGE: 49 YEARS, OCC: HOUSEHOLD,
R/O: WANI, TQ: JOIDA,
DIST: KARWAR(NK)-581186
…CROSS OBJECTORS
(BY SRI. K H BAGI, ADVOCATE)
AND:
1.
THE MANAGER
THE NATIONAL INSURANCE CO.LTD.,
BMC HOUSE, CANNAOUGHT PLACE,
NEW DELHI-110001,
THROUGH ITS BRANCH OFFICE,
AT RAMADEV GALLI, BELAGAVI,
DIST: BELAGAVI.-590001
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MFA No. 101712 of 2015
MFA.CROB No. 100166 of 2016
2.
SRI.VINOD PANDURANG SHIRSAT
(SINCE DECEASED BY HIS LR FATHER)
2A
CHAYA D/O PANDURANG SHIRSAT
AGE: 35 YEARS, OCC: HOUSEHOLD WORK,
R/O # 311 SHIVAJI GALLI, RAM NAGAR SUPA,
RAMNAGAR UTTAR KANNADA,
SRI.LAXMAN BANU MUNTELKAR @ SATARKAR @
(SINCE CECEASED BY HIS LRS)
3.
SMT.RAJESHWARI W/O. RAJARAM
BANDEKAR, AGE:44 YEARS,
OCC:HOUSEHOLD, R/O. ULWI, TAL:JOIDA,
DIST:KARWAR(NK)
4.
SMT.NIKITA W/O. NARAYAN WAGELKAR,
AGE:41 YEARS, OCC:HOUSEHOLD,
R/O. GARLI, TAL:KHANAPUR, DIST:BELAGAVI
5.
SMT.BABY W/O. RAJARAM BANDEKAR,
AGE:35 YEARS, OCC:HOUSEHOLD,
R/O. MOHISHET, TAL:KHANAPUR, DIST:BELAGAVI.
6.
SMT.LATA W/O. LAXMAN MIRASI,
AGE:32 YEARS, OCC:HOUSEHOLD,
R/O.RAJAWAL, TAL:KAHNANPUR, DIST:BELAGAVI.
7.
SMT.SUNANDA W/O. SURESH BANDEKAR,
AGE:44 YEARS, OCC:HOUSEHOLD,
R/O. ULWI, TAL:JOIDA, DIST:KARWAR(NK).
…RESPONDENTS
(BY SRI.SURESH S.GUNDI ADV. FOR R1,
SRI.ASHOK A.NAIK, ADV. FOR R2(A),
SRI.VIJAYKUAR K.KOTIN, ADV. FOR R3 TO R7)
THIS MFA.CROB IN MFA NO.101712/2015 FILED UNDER
ORDER 41 RULE 22 OF CPC., R/W 173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 18.03.2015 PASSED
IN MVC NO.1530/2012 ON THE FILE OF THE III-ADDITIONAL SENIOR
CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL,
BELAGAVI,
PARTLY
ALLOWING
THE
CLAIM
PETITION
FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA AND MFA CROB. COMING ON FOR ADMISSION, THIS
DAY, UMESH M.ADIGA J., DELIVERED THE FOLLOWING:
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MFA No. 101712 of 2015
MFA.CROB No. 100166 of 2016
This appeal arises out of the judgment and award dated
18.03.2015 passed in MVC No.1530/2012 by the III Additional
Senior Civil Judge and MACT, Belagavi. Respondent No.2 in
MVC No.1530/2012 has filed this appeal challenging the
impugned judgment on ground of its liability to pay the
compensation so also quantum of compensation awarded by
the Tribunal. During pendency of this appeal, claimants have
also filed cross objection challenging the impugned judgment
and claiming enhancement of the compensation in MFA
Crob.100166/2016. Therefore, both the matters are taken up
together for disposal.
We refer the parties as per their rank before the
Tribunal, for the sake of convenience.
It was the case of petitioner respondent No.1 herein
that, on 25.04.2012 at about 9.45 p.m. her husband Babu
Laxman Muntelkar @ Satarkar @ Warandekar was going in a
motorcycle bearing No.KA-30/R-1210 as a pillion rider from
Londa towards Ramnagar. The deceased Vinod Pandurang
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Shirsat was the rider of the motorcycle. When the said vehicle
came near Londa-Durga bridge, rider of the motorcycle was
riding his motorcycle in a rash and negligent manner; He
suddenly saw a vehicle coming from the opposite direction lost
control over his motorcycle and went to the wrong side of the
road. As a consequences, he dashed motorcycle against the
vehicle coming from opposite direction. Due to the impact, the
said Vinod died at the spot and Babu Laxman Muntelkar had
sustained grievous injuries. People tried to shift Babu to the
hospital and on the way, he succumbed to the injuries
sustained in the accident.
It was the further case of the petitioners before the
Tribunal that the deceased was aged about 25 years at the
time of the accident, he was driver by profession and earning
Rs.10,000/- as salary. Petitioner was widow, respondent Nos.3
and 4 were parents of the deceased, were entirely depending
upon the earnings of the deceased. With these reasons, they
have claimed compensation of Rs.13,65,000/-.
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Owner of the motorcycle had not appeared before
the Tribunal. The appellant-respondent No.2 has contended
before the Tribunal that the accident had taken place solely due
to rash and negligent driving of an unidentified vehicle by its
driver. The complaint was filed in the police station regarding
the said unidentified vehicle. Rider of the motorcycle was not
charge sheeted by the police. The FIR and charge sheet filed by
the police was against the unidentified vehicle and not against
the deceased Vinod. Therefore, respondent No.2 is not at all
concerned with the said accident and it is not liable to pay the
compensation. It is further contended by respondent No.2
before the Tribunal that the said Vinod was not holding valid
and effective driving licence to drive the said motorcycle as on
the date of the alleged accident and owner of the said vehicle
had violated conditions of the policy. Therefore, respondent
No.2 is exonerated from liability to pay the compensation to the
claimants.
The Tribunal on the basis of the contention of both
the parties framed necessary issues.
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Claimant has examined as P.W.1 and got marked
Exs.P1 to P12. Respondent No.2 examined R.Ws.1 and 2 and
got marked Exs.R1 to 3.
8.
The Tribunal appreciating the pleading and evidence
of both the parties, by the impugned judgment dated
18.03.2015
partly
allowed
the
petition
and
awarded
compensation of Rs.16,37,000/- under following heads with
interest at the rate of 6% p.a. from the date of petition till
realization of the entire amount and fastened the liability on
respondent Nos.1 and 2;
Sl. No.
Heads
Amount (Rs.)
Loss of dependency
15,12,000
Towards consortium
50,000
Towards love & affection
25,000
Towards loss to the estate
25,000
Towards funeral expenses
25,000
Total
16,37,000
9.
Being aggrieved by the said findings of the Tribunal,
this appeal is filed by respondent No.2.
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10.
We have heard the arguments of the learned
counsel for the appellant and learned counsel for the cro
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