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.100553/2019(MV-D)

C/W

MFA NO.100554/2019

IN MFA NO.100553/2019

BETWEEN

1 . RENAWWA

W/O VIRAPPA HARIJAN

AGE ABOUT: 36 YEARS, OCC: HOUSEHOLD WORK,

2 . NILAPPA S/O VIRAPPA HARIJAN

AGE: 18 YEARS, OCC: STUDENT,

3 . RAMAPPA

S/O VIRAPPA HARIJAN

AGE: 14 YEARS,

OCC: STUDENT,

SINCE MINOR, REP. BY M/G APP.NO.1.

ALL ARE R/O BENAKOPPA VILLAGE,

TQ & DIST:GADAG-582101.

...APPELLANTS

(BY SRI.SIDDAPPA SAJJAN,ADV.)

AND

1 . AKABARASB

S/O SAYYEDSAB ATTAR

2

AGE: MAJOR, OCC: BUSIENSS,

R/AT: SECTOR 63/A,

NAVANAGAR, BAGALKOTE-587201.

2 . THE DIVISIONAL MANAGER

NATIONAL INSURANCE CO. LTD.,

OPP: TONTADARYA MATH,

STATION ROAD, GADAG-582101.

…RESPONDENTS

(BY SRI.N.R.KUPPELUR, ADV. FOR R2)

(NOTICE TO R1- HELD SUFFICIENT)

THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES

ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.11.2018

PASSED IN MVC NO.383/2013 ON THE FILE OF THE PRINCIPAL

SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE,

GADAG, DISMISSING CLAIM PETITION FILED UNDER SECTION

166 OF M.V. ACT.

IN MFA NO.100554/2019

BETWEEN

BASAPPA HANAMANTAPPA HARIJAN

AGE ABOUT: 34 YEARS,

OCC: HOUSEHOLD WORK,

R/O: BENAKOPPA VILLAGE,

TQ AND DIST: GADAG-582101.

...APPELLANT

3

(BY SRI.SIDDAPPA SAJJAN,ADV.)

AND

1 . AKABARASB

S/O SAYYEDSAB ATTAR

AGE: MAJOR, OCC: BUSIENSS,

R/AT: SECTOR 63/A,

NAVANAGAR, BAGALKOTE-587201.

2 . THE DIVISONAL MANAGER

NATIONAL INSURANCE CO. LTD.,

OPP: TONTADARYA MATH,

STATION ROAD, GADAG-582101.

…RESPONDENTS

(BY SRI.N.R.KUPPELUR, ADV. FOR R2)

(R1-SERVICE HELD SUFFICIENT)

THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES

ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.11.2018

PASSED IN MVC NO.384/2013 ON THE FILE OF THE PRINCIPAL

SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE,

GADAG,

PARTLY

ALLOWING

THE

CLAIM

PETITION

FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT

OF

COMPENSATION.

THESE APPEALS COMING ON FOR ORDERS THIS DAY,

THE COURT, DELIVERED THE FOLLOWING:

4

JUDGEMENT

MFA No.100553/2019 is by the legal heirs of

Virappa Harijan who was killed in an accident which

occurred on 25.09.2013 when he was hit by a lorry.

They seek for enhancement of the compensation and

for saddling of the liability on the Insurer.

2.

MFA No.100554 /2019 is by the claimant seeking

for enhancement for the cost of sheep killed in the

accident.

3.

The

Tribunal

after

assessing

the

evidence

recorded a finding that the accident did occurr and as

a result of the accident, Virappa sustained injuries and

succumbed to the same. The Tribunal has thereafter,

proceeded to award the following sums:

Sl.No. Particulars

Amount(Rs.)

1

Towards Loss of dependency

9,52,000-00

2

Towards Loss of estate

15,000-00

3

Towards funeral expenses

15,000-00

4

Towards loss of consortium

40,000-00

Total

10,22,000-00

5

4.

However, as regards to the liability, the Tribunal

has come to the conclusion that the driver of the lorry

did not have a driving license and hence exonerated

the insurance company and saddled the liability on the

owner of the lorry.

5.

Learned counsel for the appellant contends that

the driver of the lorry did in fact posses driving license

and the same is also produced along with the

application for production of additional evidence he

submitted that the said document reveals that the

driver did posses a driving license to drive LMV, a

transport vehicle and also a public service vehicle i.e.

bus and therefore, the finding of the Tribunal

regarding liability can not be sustained. A perusal of

the extract produced along with the application does

prove that the driver of the Lorry did posses a driving

license to drive a Transport vehicle. The finding,

6

therefore, of the Tribunal that the Insurer was not

liable cannot