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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF SEPTEMBER, 2020

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

M.F.A.No.4618/2010 (MV)

BETWEEN:

THE ORIENTAL INSURANCE COMPANY LIMITED

BRANCH AT TAPCMS BUILDING

NEAR HANUMANTHAPPA CIRCLE

K.M. ROAD

CHIKKAMAGALUR

BY THE MANAGER

REGIONAL OFFICE

THE ORIENTAL INSURANCE COMPANY LIMITED

LEO SHOPPING COMPLEX

NO.44/45, RESIDENCY ROAD

BENGALURU-560 025

… APPELLANT

(BY SRI. B.S. UMESH, ADVOCATE (PHYSICAL HEARING))

AND:

1.

SHRI. VISHWANATHA

S/O.RANGAIAH

AGED ABOUT 20 YEARS

R/AT.HALASABALU VILLAGE

CHIKKAMAGALUR TALUK

CHIKKAMAGALUR DISTRICT-577 101

2.

SHRI. M.A. GOPALA

S/O. SHRI. ANNA POOJAR

AGED ABOUT 62 YEARS

OWNER OF THE LORRY

2

BEARING No.KA-29/2687

R/AT. MALLENAHALLI

CHIKKAMAGALUR TALUK

CHIKKAMAGALUR DISTRICT-577 101 ... RESPONDENTS

(BY SMT. KAVITHA H.C, ADVOCATE FOR R1 (PHYSICAL

HEARING)

R2 IS SERVED)

THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT

AGAINST THE JUDGMENT AND AWARD DATED 05.01.2010

PASSED IN MVC.NO.464/2007 ON THE FILE OF ADDITIONAL

DISTRICT JUDGE AND MACT, CHIKMAGALUR, AWARDING A

COMPENSATION OF RS.7,08,700/- WITH INTEREST AT 6% P.A.

FROM THE DATE OF PETITION TILL REALIZATION.

THIS M.F.A. IS HAVING BEEN HEARD AND RESERVED FOR

JUDGMENT

ON

09.09.2020,

THIS

DAY,

THE

COURT

PRONOUNCED THE FOLLOWING:

J U D G M E N T

This appeal is filed by the appellant-Insurance Company

challenging the judgment and award dated 05.01.2010 passed in

M.V.C.No.464/2007 on the file of Additional District Judge and

Motor Accident Claims Tribunal at Chikmagalur (‘the Tribunal’ for

short).

2.

The parties are referred to as per their original

ranking before the Tribunal in order to avoid the confusion and

for the convenience of the Court.

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3.

The factual matrix of the case is that, on 01.10.2006

at about 6:30 p.m, while the petitioner was traveling in a Lorry

bearing

registration

No.KA-29/2687,

as

a

cleaner

on

Mallenahalli-Chikmagalur road in Hospet village, the driver of the

said lorry drove the same in a rash and negligent manner,

dashed against KEB Electric Pole and caused the accident,

resulting in grievous head injuries to the petitioner. He was

shifted to MG hospital, Chikmagalur and thereafter he took

further treatment in NIMHANS, Bengaluru. As a result of the

injuries sustained by him, he became disabled. He was a

student-cum-cleaner and earning Rs.150/- per day and spent a

huge amount for medical treatment.

4.

In pursuance of the claim petition, notices were

issued to respondent Nos.1 and 2. Respondent Nos.1 and 2

appeared through their Counsel. Respondent No.1 in the written

statement admitted the accident but denied the rash and

negligent act on the part of driver of the lorry. He also admitted

that the petitioner was traveling in the lorry as a Cleaner.

Respondent No.2-Insurance Company in the written statement

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denied the averments made in the claim petition and further

contended that the Insurance coverage to the offending is

vehicle, but liability is denied by contending that the petitioner

was an unauthorized passenger in the goods vehicle.

5.

The claimant in order to substantiate his claim, he

examined his natural guardian father as P.W.1, and also

examined the Doctor as P.W.2 and got marked the documents as

Exs.P1 to P13. Respondent No.2-Insurance Company had

examined its Branch Manager as RW.1 and got marked the

documents as Exs.R1 to R4.

6.

The Tribunal, after considering both oral and

documentary evidence and on appreciation of the material

available on record, allowed the claim petition in part granting

the compensation of Rs.7,08,700/- with 6% interest per annum

from the date of petition till its realization. The Tribunal also

directed that, respondent Nos.1 and 2 are jointly and severally

liable to pay the compensation with interest. In the present