IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 18^TH DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE N.S. SANJAY GOWDA

MFA NO.20438/2012(MV-I)

C/W

MFA NO.20096/2012

IN MFA NO.20438/2012

BETWEEN

VANDANA M. PATIL

AGE: 42 YEARS, OCC: HOUSEHOLD WORK

R/O. C/O. A.L. PATIL, PADMAVATI

BUILDINGI MAIN, III CROSS,

SHIVAJI NAGAR, BELGAUM.

...APPELLANT

(BY SRI.VITTHAL S TELI, ADV.)

AND

THE UNITED INDIA INSURANCE

CO. LTD., THROUGH ITS

DIVISIONAL OFFICE,

MARUTI GALLI, BELGUAM.

…RESPONDENT

(BY SRI.N R KUPPELLUR, ADV. FOR R1)

MFA FILED U/SEC.173(1) OF MV ACT, AGAISNT THE

JUDGMENT

AND

AWARD

DTD:26-09-2011

PASSED

IN

MVC.NO.448/1999 ON THE FILE OF THE II-ADDL. SENIOR CIVIL

JUDGE

AND

MEMBER,

ADDL.

MACT,

BELGAUM,

PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSATION AND

SEEKING ENHANCEMENT OF COMPENSATION.

2

IN MFA NO.20096/2012

BETWEEN

UNITED INDIA INSURANCE CO. LTD.

DIVISIONAL OFFICE, SEETA SMIRITI

P.B. NO. 156, 1568 MARUTI GALLI,

BELGUAMREPTED. BY ITS DIVISIONAL MANAGER

...APPELLANT

(BY SRI.NAGANGOUDA R KUPPELUR, ADV. )

AND

1 . VANDANA M. PATIL

AGE: 31 YEARS, OCC: HOUSEHOLD WORK

R/O. C/O. A.L.PATIL PADMAVATI BUILDING,

1ST MAIN, 3RD CROSS, SHIVAJI NAGAR,

BELGAUM.

2 . MANOJKUMAR PATIL

AGE: MAJOR, OCC: AGRICULTURE,

R/O. BORGAON, TQ: CHIKODI,

DIST: BELGAUM.

(OWNER OF THE VEHICLE BEARING NO.KA-23/N-5454)

3 . PADMAKANT

S/O. CHANDRAKANT AWATI

AGE: MAJOR, OCC: DRIVER

R/O. MAHALINGPUR,

TQ: MUDHOL, DIST: BAGALKOT.

…RESPONDENTS

(NOTICE TO R1- R3-SERVED)

THIS MFA FILED U/SEC.173(1) OF M.V. ACT 1988,

AGAINST THE JUDGMENT AND AWARD DATED:26.09.2011,

PASSED IN M.V.C. NO.448/1999 ON THE FILE OF THE II ADDL.

SENIOR CIVIL JUDGE & ADDL. MACT, BELGAUM AT BELGAUM,

AWARDING THE COMPENSATION OF RS.1,75,000/- WITH

INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF

PETITION TILL REALIZATION.

3

THIS APPEALS COMING ON FOR ORDERS, THIS DAY,

THE COURT, DELIVERED THE FOLLOWING:

JUDGEMENT

MFA No.20438/2012 is by the claimants seeking

for enhancement.

2.

MFA

No.20096/2012

is

by

he

Insurance

Company challenging the liability.

3.

The

fact

that

an

accident

occurred

on

11.10.2008 when the driver of the Maruthi car

bearing No.KA-23/N-5454 lost control of the vehicle

and as a result the car turned turtle causing grievous

injuries to inmates is not in dispute.

4.

It is also not in dispute that among the inmates

of the car was a 8 year old boy i.e. son of the claimant

and the said minor boy suffered fatal injuries to which

he succumbed.

5.

The mother of the minor boy filed a claim

petition. One of the contentions raised by the

4

Insurance Company was that the driver of the Maruthi

car did not possess a license. It was contended that it

had received a copy of the driving license from the

insured i.e owner of the vehicle and they had got this

driving license enquired into and fund that the number

mentioned in the driving license did not relate to the

driver and it related to one Sudhesh Arwade.

6.

The trial Court on consideration of Ex.R7 and R8

come to the conclusion that the contention of the

insurance company that the license produced was a

fake one could not be accepted since the driving

license produced to the Insurance Company indicated

the

driving

license

numbers

MH01/4937(Ex.R2),

whereas the extract obtained and produced by the

Insurance Company related to a driving license

bearing No.MH/01/96/4937. The Tribunal came to the

conclusion that on the basis of this extract it could not

be held that the driving license (Ex.R2) was fake and

5

it proceeded to saddle the liability on Insurance

Company.

7.

Learned counsel for the insurer contended that

the Insurance Company did make a serious enquiry

and found out that the license which had been

furnished by the owner was not related to the driving

license number as found in RTO record and therefore,

it w