MFA No.30101 OF 2013

1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 7^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

M.F.A. No.30101 OF 2013 (MV)

Between:

1.

BHIMAKKA @ BHIMAVVA

W/O SHIVAPPA HIREKURABAR

AGE 40 YEARS, OCC: H H WORK,

2 .

SOMAPPA S/O SHIVAPPA HIREKURABAR

AGE 18 YEARS, OCC: STUDENT

3 .

VIVEKANAND S/O SHIVAPPA HIREKURABAR

AGE 16 YEARS OCC: STUDENT,

ALL ARE R/O SIDDAPUR, P.T.,

TQ. MUDDEBIHAL

PETITIONER NO.2 & 3 ARE MINORS

R/P BY THEIR M/G PETITIONER NO.1

..APPELLANTS

(By Sri. HARSHAVARDHAN R MALIPATIL, ADV.)

AND

1 .

PARASAPPA S/O TIPPANNA PATIL

AGE: MAJOR, OCC: BUSINESS,

R/O ITAGI, TQ. B.BAGEWADI- 585327

2 .

THE DIVISIONAL MANAGER,

MFA No.30101 OF 2013

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THE UNITED INDIA INSURANCE

CO.LTD., SANGAM BUILDING,

S.S.FRONT ROAD, BIJAPUR- 586101

..RESPONDENTS

(By R1-PARASAPPA SD

SRI.MANVENDRA REDDY, ADV.)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV

ACT AGAINST THE JUDGMENT AND AWARD DT. 2.8.2012

PASSED IN MVC No.166/2010 ON THE FILE OF THE MACT-

VIII,

MUDDEBIHAL,

PARTY

ALLOWING

THE

CLAIM

PETITION

AND

SEEKING

ENHANCEMENT

OF

COMPENSATION.

THIS MFA COMING ON FOR HEARING THIS DAY, THE

COURT DELIVERED THE FOLLOWING:-

JUDGMENT

1.

The appellants-claimants are before this Court

assailing the Judgment and award dated 2.08.2012

passed in MVC No.166/2010 by the Senior Civil

Judge and Member MACT No.VIII, Muddebihal

seeking for enhancement of the compensation on the

ground that the compensation awarded by the

Tribunal is meager.

MFA No.30101 OF 2013

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2.

By way of the said Judgment, the Tribunal has

awarded a sum of Rs.3,71,000/- under the following

heads:

Sl.

No.

Head of Account

Amount

1

Loss of consortium

10,000/-

2

Loss of estate

10,000/-

3

Funeral expenses

10,000/-

4

Transport of dead body

5,000/-

5

Loss of future capacity,

(2000x12x14)

3,36,000/-

Total

3,71,000/-

with interest at 6% p.a. from the date of petition till

the amount is realised and exonerated the Insurance

company from the liability of paying compensation

and imposed the liability on the owner of the vehicle

on the ground that the driver of the vehicle did not

possess licence permitting him to ply the transport

vehicle like Tim tum auto which was involved in the

present accident.

MFA No.30101 OF 2013

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3.

Sri.Harshavadhan R.Malipatil, learned counsel for the

appellants would submit that the said issue is no

longer resintegra inasmuch as the Hon’ble Apex

Court in the case of Mukund Dewangan vs.

Oriental Insurance Company Ltd., [AIR 2017 SC

3668], wherein it has been categorically held that a

person having a licence even without transport

endorsement could drive a goods auto as long as its

unladen weight is below 7500 kgs.

4.

Sri.Manvendra Reddy, learned counsel for the for

respondent No.2 fairly submits that the above matter

is covered by the aforesaid decision of the Hon’ble

Apex Court.

5.

In

view

thereof,

the

order

of

the

Tribunal

exonerating the Insurance company of the liability

and imposing the same on the owner of the vehicle

is set-aside. The liability is transferred to the

MFA No.30101 OF 2013

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Insurance company. The amount awarded would be

required to pay by the Insurance Company.

6.

The appellants are also seeking enhancement of

compensation than that of awarded by the Tribunal.

7.

The facts are that on 5.06.2010 at about 5.30 p.m.

while one Shivappa was returning from Bisaladinni

village to Siddapura P.T, via Nidagundi village after

attending funeral ceremony in Tim-Tum Auto, the

vehicle insured by respondent No.2 Insurance

company came in a rash and negligent manner

dashed a