1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 28^TH DAY OF JUNE 2021

PRESENT

THE HON’BLE MR.JUSTICE S.G.PANDIT

AND

THE HON’BLE MR.JUSTICE M.G.S.KAMAL

MISCELLANEOUS FIRST APPEAL NO.200416/2017

Between:

1. Chandrakala

W/o. Late K. Rajappa @ Raju

Aged about 38 years

Occ: Household

2. Bhagyashree

D/o. Late K. Rajappa @ Raju

Aged about 12 years

Occ: Student

3. Hanumanthappa

S/o. Zhareppa

Aged about 65 years

Occ: Nil

4. Zharemma

W/o Hanumanthappa

Aged about 63 years

Occ: NIL.

All are R/o Village Mangalgi

Taluq Humnabad, District: Bidar,

Now at Sainagar Bidar 585 401.

2

Appellant No.2 Being the minor

U/G Of her Natural Mother,

Appellant No1 Chandrakala. ….Appellants.

(By Sri Ravi B Patil, Advocate)

AND:

1. M/s. Sahara Travels

Rep. By M.S. Kaneeza Fatima

W/o. Md. Mustaq Ahmed

H.No.11-1-293/4/A Agapura Nampally

Hyderabad (AP)

(Owner of the Vehicle Bearing

Reg. No.Ap-13/Y 0952

Volvo India Limited

Sahara Travels).

2. The Branch Manager

New India Assurance Co.Ltd.,

Hydernagar Micro Office

20-60/103, Flat No.103

Mathrushri Homes

Beside Bommanillu Restaurant

Hydernagar Miyapur X Road

Hyderabad - 500 049

Through its Branch Office

Sindole Complex

Railway Station Road,

Bidar - 585 401. ... Respondents

(Sri. Mallanna Reddy, Advocate for R-2,

R-1 Served)

This Miscellaneous First Appeal is filed under Section

173(1) of M.V Act praying to call for the records in MVC

No.676/2013 on the file of the Court of Senior Civil Judge

and MACT at Humnabad.

3

This

appeal

coming

on

for

hearing

this

day,

S.G.Pandit, J., delivered the following:

JUDGMENT

The claimants are in appeal under Section 173(1)

of the Motor Vehicles Act, 1988, (Hereinafter referred to

as ‘the Act’ for short) aggrieved by dismissal of the claim

petition under judgment and award dated 22.06.2016 in

MVC No.676/2013 on the file of Senior Civil Judge and

MACT, Humnabad.

2.

Claimants filed claim petition under Section 166 of

the Act claiming compensation for the accidental death

of one Sri Rajappa in a motor vehicle accident that took

place on 19.08.2013 in the early morning at 2.00 a.m.

involving Volvo Bus of Sahara Travels bearing Reg.

No.AP-13/Y-0952. Claimants are wife, daughter and

parents of the deceased. It is stated that the deceased

was aged 40 years and earning a sum of Rs.9,000/- per

month by doing Tailoring work. It is further stated by

the claimants that accident took place due to rash and

4

negligent driving by the driver of the Volvo bus, which

was

insured

with

the

2^nd

respondent-Insurance

Company.

3.

On service of summons respondent No.1 remained

absent and was placed ex-parte. Respondent No.2 -

Insurance Company appeared and filed statement

denying the claim petition averments. Further the

insurer denied the accident and accidental death of

deceased Rajappa. It is specifically contended that no

accident had taken place involving the Volvo Bus in

question. They also denied the initial treatment taken

by the deceased at General Hospital, Zaheerabad and

further treatment at General Hospital, Bidar. The

insurer also contended that the driver of the bus was

not having valid and effective driving licence as on the

date of accident.

4.

The claimant No.1 examined herself as PW.1 and

marked documents Exhibits P1 to P10 in support of

5

their case. No evidence was led on behalf of the 2^nd

respondent-Insurance Company.

5.

The Tribunal framed four issues and the first

issue was as to ‘Whether the claimants prove the

accidental death that occurred on 19.08.2013 at 2.00

a.m. on account of rash and negligent driving by the

driver of Volvo Bus bearing Reg.No.AP.13/Y-0952

belonging to Sahara Travels. The said issue was

answered in the negative and accordingly the claim

petition was dismissed. Aggrieved by the same, the

claimants are in appeal.

6.

Hea