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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF SEPTEMBER, 2021

PRESENT

THE HON’BLE MRS. JUSTICE S. SUJATHA

AND

THE HON’BLE MR. JUSTICE RAVI V. HOSMANI

M.F.A.No.10362/2018 (MV)

BETWEEN:

UNITED INDIA INSURANCE COMPANY LTD.,

REGIONAL OFFICE

5^TH & 6^TH FLOORS, KRISHI BHAVAN

NRUPATHUNGA ROAD

HUDSON CIRCLE

BENGALURU-560 001.

REP. BY ITS MANAGER SRI VENKATA KRISHNA

...APPELLANT

[BY SRI. KRISHNA KISHORE S., ADVOCATE (PHYSICAL

HEARING)]

AND:

1.

SRI. MUNISWAMY

AGED ABOUT 56 YEARS

S/O MANIKYAM

2.

SMT. VIMALA

AGED ABOUT 42 YEARS

W/O SRI. MUNISWAMY

3.

SRI. RAJA M.

AGED ABOUT 28 YEARS

S/O SRI MANIKYAM

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ALL ARE RESIDING AT

NO.197/3, 1^ST CROSS

OPP: JAYALAKSHMI HIGH SCHOOL

SUBBANAPALYA, BENGALURU-560 033.

4.

SRI. B.S.SRIDHAR PRASAD

MAJOR IN AGE

PROPRIETOR

M/s SAI KRISHNA SERVICE STATION

NO.525/5,

MAHADEVAPURA RING ROAD

MAHADEVAPURA

BENGALURU-560 048.

...RESPONDENTS

[BY SRI. R.CHANDRASHEKAR, ADVOCATE FOR R1 TO

R3 (VIDEO CONFERENCE)

SRI. A.K. BHAT, ADVOCATE FOR R4 (PHYSICAL

HEARING)]

THIS MFA IS FILED UNDER SECTION 173(1) OF

MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND

AWARD

DATED:

26.09.2018

PASSED

IN

MVC

NO.4997/2017 ON THE FILE OF THE V ADDITIONAL

SMALL CAUSES JUDGE AND XXIV ACMM., (SCCH-20)

BENGALURU,

AWARDING

COMPENSATION

OF

RS.40,79,000/- WITH INTEREST @ 9% P.A., FROM THE

DATE OF PETIITON TILL ITS REALIZATION.

THIS

APPEAL

HAVING

BEEN

HEARD

AND

RESERVED FOR JUDGMENT ON 24.08.2021, THIS DAY,

RAVI

V.

HOSMANI

J.,

PRONOUNCED

THE

FOLLOWING:

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J U D G M E N T

Challenging the judgment and award dated

26.09.2018 passed by the V Additional Small Causes

Judge and XXIV ACMM, Bengaluru, (‘tribunal’ for short)

in MVC No.4997/2017, this appeal is filed by the insurer

under Section 173 of Motor Vehicles Act, 1989

(hereinafter referred to as ‘M.V. Act’ for short).

2.

Brief facts as stated are that on 21.08.2017

at 10.45 a.m. one M. Ravikumar was riding his

motorcycle bearing registration No.KA-03-GF-6718 on

Whitefield Road, when he was in front of Durga Mohalla

Road, a tanker bearing registration No. KA-13-B-3821

came in rash and negligent manner dashed against the

motorcycle, due to which Ravikumar fell down on the

road. The front wheel of the lorry ran over him. He died

while being taken to Government Hospital, K.R. Puram.

His parents and brother filed claim petition under

Section 166 of M.V. Act, against owner and insurer of

the

offending

tanker

seeking

compensation

of

Rs.65,00,000/-.

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3.

Upon service of notice, respondents entered

appearance and filed objections. Respondent No.1

mainly denied claim petition averments, but admitted

ownership of offending vehicle and submitted that it was

insured with second respondent and driver of tanker

was having valid and effective driving licence at the

time of accident. The claim petition was also opposed as

being excessive and exorbitant. In addition, second

respondent - insurer alleged violation of policy terms

and sought discharge from its liability on the ground

that driver of lorry was not having valid and effective

driving

licence.

It

also

denied

valid

registration

certificate, permit and fitness certificate of tanker at the

time of accident. Insurer also denied age, occupation,

income and dependency of claimants on deceased. It

admitted issuance of insurance policy. It was also

specifically contended that vehicle involved in accident

was a hazardous goods carrying vehicle and as per sub-

rule (3) to Rule 9 of Central Motor Vehicle Rules, 1984,

driver of vehicle did not have endorsement to drive

hazardous goods vehicle on his driving licence and

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therefore, was not authorized to drive the vehicle on the

date of accident. The claim petition has also opposed as

highly disproportionate.

4.

Based

on