THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE N K SUDHINDRARAO MFA No.5141/2010 C/W MFA NOs. 5135/2010, 5136/2010, 5140/2010, 5138/2010 & 5139/2010 (MV) IN MFA NO. 5141/2010 BETWEEN:
M/S. NATIONAL INSURANCE COMPANY LIMITED BRANCH OFFICE P.O. NO. 94, B.M. COMPLEX LAXMI BAZAAR,CHITRADURGA NOW REP. BY ITS REGIONAL OFFICE NO.144, SHUBHARAM COMPLEX M.G.ROAD, BANGALORE- 560 001 REP. BY ITS ADMINISTRATIVE OFFICER …APPELLANT (BY SRI. A.M.VENKATESH, ADV.) AND:
1. SRI G C GIRITHIMMAPPA S/O CHANDAPPA AGED ABOUT 48 YEARS OCC. AGRICULTURE R/O MATHIGATTA HOLALKERE TALUK 2. SRI B SHARANAPPA S/O BASAPPA AGED ABOUT 50 YEARS R/O ANNEHAL, CHITRADURGA TALUK OWNER OF TRACTOR- TRAINER BEARING NO. KA-17/TR/T-982/2006-07. ... RESPONDENTS (BY SRI. SPOORTHY HEGDE NAGARAJ, ADV. FOR R-1 R-2 IS SERVED AND UNREPRESENTED) THIS MFA FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 04.01.2010 PASSED IN MVC NO. 375/2007 ON THE FILE OF THE CIVIL JUDGE (SR.DN) AND MACT, HOLALKERE, AWARDING A COMPENSATION OF RS.40,800/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 5135/2010 BETWEEN:
M/S. NATIONAL INSURANCE COMPANY LIMITED BRANCH OFFICE P.O. NO. 94, B.M. COMPLEX LAXMI BAZAAR, CHITRADURGA NOW REP. BY ITS, REGIONAL OFFICE NO.144, SHUBHARAM COMPLEX M.G.ROAD, BANGALORE- 560 001 REP. BY ITS ADMINISTRATIVE OFFICER …APPELLANT (BY SRI. A.M.VENKATESH, ADV.) AND:
1. SRI G C SHANMUKHAPPA S/O CHANDRAPPA AGED ABOUT 47 YEARS OCC. AGRICULTURE R/O MATHIGATTA HOLALKERE TALUK 2. SRI B SHARANAPPA S/O BASAPPA AGED ABOUT 50 YEARS R/O ANNEHAL CHITRADURGA TALUK OWNER OF TRACTOR- TRAINER BEARING NO. KA-17/TR/T-982/2006-07.
... RESPONDENTS (BY SRI.SPOORTHY HEGDE NAGARAJ, ADV. FOR R-1 SRI.S.C.VIJAYKUMAR, ADV FOR R-2) THIS MFA FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 04.01.2010 PASSED IN MVC NO. 370/2007 ON THE FILE OF CIVIL JUDGE (SR.DN.) & MACT, HOLALKERE, AWARDING A COMPENSATION OF RS.10,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 5136/2010 BETWEEN:
M/S. NATIONAL INSURANCE COMPANY LIMITED BRANCH OFFICE P.O. NO. 94, B.M. COMPLEX LAXMI BAZAAR, CHITRADURGA NOW REP. BY ITS, REGIONAL OFFICE NO.144, SHUBHARAM COMPLEX M.G.ROAD, BANGALORE- 560 001 REP. BY ITS ADMINISTRATIVE OFFICER …APPELLANT (BY SRI. A.M.VENKATESH, ADV.) AND:
1. KUM VARSHA D/O SHANMUKAPPA AGED ABOUT 8 YEARS MINOR REP. BY HER FATHER G.C.SHANMUKHAPPA S/O CHANDRAPPA R/O MATHIGATTA HOLALKERE TALUK 2. SRI B SHARANAPPA S/O BASAPPA AGED ABOUT 53 YEARS R/O ANNEHAL CHITRADURGA TALUK OWNER OF TRACTOR- TRAINER BEARING NO. KA-17/TR/T-982/2006-07 ... RESPONDENTS (BY SRI S C VIJAYKUMAR, ADV FOR R-2 R-1 IS MINOR & REPRESENTED BY R-2) THIS MFA FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 04.01.2010 PASSED IN MVC NO. 371/2007 ON THE FILE OF CIVIL JUDGE (SR.DN.) & MACT, HOLALKERE, AWARDING A COMPENSATION OF RS.4,190/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 5140/2010 BETWEEN:
M/S. NATIONAL INSURANCE COMPANY LIMITED BRANCH OFFICE P.O. NO. 94, B.M. COMPLEX LAXMI BAZAAR, CHITRADURGA NOW REP. BY ITS, REGIONAL OFFICE NO.144, SHUBHARAM COMPLEX M.G.ROAD, BANGALORE- 560 001 REP. BY ITS ADMINISTRATIVE OFFICER …APPELLANT (BY SRI. A.M.VENKATESH, ADV.) AND:
1. SMT H B PARVATHAMMA W/O G.C.GIRITHIMMAPPA AGED ABOUT 38 YEARS OCC. AGRICULTURE R/O MATHIGATTA HOLALKERE TALUK 2. SRI B SHARANAPPA S/O BASAPPA AGED ABOUT 53 YEARS R/O ANNEHAL, CHITRADURGA TALUK OWNER OF TRACTOR- TRAINER BEARING NO. KA-17/TR/T-982/2006-07 ... RESPONDENTS (BY SRI SPOORTHY HEGDE NAGARAJ, ADV FOR R-1 SRI S.C.VIJAYAKUMAR, ADV. FOR R-2) THIS MFA FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 04.01.2010 PASSED IN MVC NO. 374/2007 ON THE FILE OF CIVIL JUDGE (SR.DN.) & MACT, HOLALKERE, AWARDING A COMPENSATION OF RS.5,500/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 5138/2010 BETWEEN:
M/S. NATIONAL INSURANCE COMPANY LIMITED BRANCH OFFICE P.O. NO. 94, B.M. COMPLEX LAXMI BAZAAR CHITRADURGA NOW REP. BY ITS, REGIONAL OFFICE NO.144, SHUBHARAM COMPLEX M.G.ROAD, BANGALORE- 560 001 REP. BY ITS ADMINISTRATIVE OFFICER …APPELLANT (BY SRI. A.M.VENKATESH, ADV.) AND:
1. SRI C J HEMANTHA S/O JAYAPPA AGED ABOUT 21 YEARS OCC. AGRICULTURE R/O MATHIGATTA HOLALKERE TALUK 2. SRI B SHARANAPPA S/O BASAPPA AGED ABOUT 53 YEARS R/O ANNEHAL CHITRADURGA TALUK OWNER OF TRACTOR- TRAINER BEARING NO. KA-17/TR/T-982/2006-07 ... RESPONDENTS (BY SRI SPOORTHY HEGDE NAGARAJ, ADV FOR R-1 SRI S.C.VIJAYAKUMAR, ADV. FOR R-2) THIS MFA FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 04.01.2010 PASSED IN MVC NO. 372/2007 ON THE FILE OF CIVIL JUDGE (SR.DN.) & MACT, HOLALKERE, AWARDING A COMPENSATION OF RS.5,500/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 5139/2010 BETWEEN:
M/S. NATIONAL INSURANCE COMPANY LIMITED BRANCH OFFICE P.O. NO. 94, B.M. COMPLEX LAXMI BAZAAR, CHITRADURGA NOW REP. BY ITS,REGIONAL OFFICE NO.144, SHUBHARAM COMPLEX M.G.ROAD, BANGALORE- 560 001 REP. BY ITS ADMINISTRATIVE OFFICER …APPELLANT (BY SRI. A.M.VENKATESH, ADV.) AND:
1. SMT SAROJAMMA W/O JAYAPPA AGED ABOUT 51 YEARS OCC. AGRICULTURE R/O MATHIGATTA,HOLALKERE TALUK 2. SRI B SHARANAPPA S/O BASAPPA AGED ABOUT 53 YEARS R/O ANNEHAL,CHITRADURGA TALUK OWNER OF TRACTOR- TRAINER BEARING NO. KA-17/TR/T-982/2006-07.
... RESPONDENTS (BY SRI SPOORTHY HEGDE NAGARAJ, ADV FOR R-1 SRI S.C.VIJAYAKUMAR, ADV. FOR R-2) THIS MFA FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 04.01.2010 PASSED IN MVC NO. 373/2007 ON THE FILE OF CIVIL JUDGE (SR.DN.) & MACT, HOLALKERE, AWARDING A COMPENSATION OF RS.5,500/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGEMENT Though these appeals are posted for admission, with the consent of the learned counsel appearing for the parties, matters are taken up for final disposal.
2. These appeals are filed by the insurance company of the tractor-trailer against the judgment and award dated 04.01.2010 passed by the Civil Judge (Sr.Dn.) and MACT, Holalkere in MVC Nos.370/07, 371/07, 372/07, 373/07, 374/07 and 375/07 on the ground that negligence ought to have been fastened on the driver of the Maruti Van also.
3. The brief facts of the case are that on 24.09.2006 at about 7.30 PM when the claimants were traveling in Maruthi Van bearing No.KA.17-MA-1115 from Sirigere to Mathigatta in between Chitrahalli and T-Nulenuru Village, the driver of tractor trailer bearing Regn.No.KA.17/TRT/982/2006-07 drove in rash and negligent manner dashed against the Maruthi Van resulting in causing accident and injuries to the inmates of Maruti Van. Claim petitions came to be filed seeking compensation. Notices were issued to the respondents. Respondents appeared and contested the matter. Evidences were recorded and exhibits were marked by both the parties.
4. The Tribunal after taking into consideration the facts and circumstances of the case and on going through the material on record, awarded compensation which reads as under:
5. Being aggrieved by the fastening of liability only on the appellant-insurance company, these appeals are filed.
6. I have heard the learned counsel for the parties.
` 7. Learned counsel for the appellants Sri A M Venkatesh submitted that insurance company is not liable to pay compensation because there was no negligence on the part of the driver of the tractor-trailer and the entire negligence was on the part of the driver of Maruthi Van who has been absolved of the liability. Hence, seeks for interference by this Court.
8. The learned counsel for claimants/respondents would submit the present compensation in all the cases being insufficient and unreasonably low and submits for dismissal of the appeals.
9. On perusal of the materials placed on record, and the Judgment and award of the Tribunal, it is clear that the accident has occurred solely due to the negligence of the driver of the tractor-trailer. The findings arrived at by the Tribunal depending upon the injuries suffered by the claimant, their respective occupation and income is just and proper. It requires no interference at the hands of this Court. Consequently, the appeals are dismissed. The amount in deposit if any, may be transmitted to the Tribunal for disbursement.
Sd/-
JUDGE brn