IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE N.K. SUDHINDRARAO M.F.A. No.8610/2012 C/w M.F.A Nos.8608/2012, 8611/2012 & 8609/2012 (MV) BETWEEN:
The Oriental Insurance Company Limited 1st Floor, Bali Towers, No.1, Abdul Razaq Street, Saidapet, Chennai.
Tamilnad.
Represented through its Branch Manager, Branch Office, The Oriental Insurance Company Limited 1st Floor, Tiluvalli Complex, P.B.Road, Davangere. Represented by its Regional Manager The Oriental Insurance Company Limited, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli – 580 020.
.. . Appellant (Common) (By Sri.K.P.Trimurthy, for Sri.R.Rajagopalan, Advocate) AND:
In MFA No.8610/2012 1. Shri.Gurumurthy S/o Shri Thimmanna Aged about 37 years, Resident of Obalapura Village, Marikunte Post, Jagalur Taluk, Davanagere District – 577 528.
2. Shri.Nagaraja S/o of Shri Narayana Gowda About about 37 years, Dirver of lorry No.KA-05/D-1188, Residing at Devanur Village, Kadur Taluk, Chikkamagalur District – 577 548.
3. Shri.T.J.Naveen S/o Shri T.M.Jayanna, Major, Owner of lorry No.KA-05/D-1188, Banashankari, Tumkur – 572 101.
(By Sri.M.R.Hiremathad, Advocate for R1; Sri.H.T.Jagadeesh, Advocate for R2; Service . . . Respondents in r/o R3 is held sufficient vide order dt.16.6.17) In MFA No.8608/2012 1. Shri.Veeranna (Eranna) S/o Shri Bande Rudrappa, Aged about 52 years, Resident of Obalapura Village, Marikunte Post, Jagalur Taluk, Davanagere District – 577 528.
2. Shri.Nagaraja Son of Shri Narayana Gowda, Aged about 37 years, Driver of lorry No.KA-05/D-1188, Residing at Devanur Village, Kadur Taluk, Chikkamagalur District – 577 548.
3. Shri.T.J.Naveen S/o Shri T.M.Jayanna, Major, Owner of lorry No.KA-05/D-1188, Banashankari, Tumkur – 572 101.
. . . Respondents (By Sri.M.R.Hiremathad, Advocate for R1; Notice to R2 & R3 held sufficient v/o dated 05.11.2014) In MFA No.8611/2012 1. Shri.Venkatappa S/o Shri Bajjapara Venkatappa, Aged about 32 years, Resident of Obalapura Village, Marikunte Post, Jagalur Taluk, Davanagere District – 577 528.
2. Shri.Nagaraja Son of Shri Narayana Gowda, Aged about 37 years, Driver of lorry No.KA-05/D-1188, Residing at Devanur Village, Kadur Taluk, Chikkamagalur District – 577 548.
3. Shri.T.J.Naveen S/o Shri T.M.Jayanna, Major, Owner of lorry No.KA-05/D-1188, Banashankari, Tumkur – 572 101.
(By Sri.M.R.Hiremathad, Advocate for R1;
Notice to R2 is dispensed with v/o dated 09.12.2016) In MFA No.8609/2012 1. Shri. Poojari Venkatappa S/o Shri Poojari Thimmanna, Aged about 52 years, Resident of Dharmapura Village, Marikunte Post, Jagalur Taluk, Davanagere District – 577 528.
2. Shri.Nagaraja Son of Shri Narayana Gowda, Aged about 37 years, Driver of lorry No.KA-05/D-1188, Residing at Devanur Village, Kadur Taluk, Chikkamagalur District – 577 548.
3. Shri.T.J.Naveen S/o Shri T.M.Jayanna, Major, Owner of lorry No.KA-05/D-1188, Banashankari, Tumkur – 572 101.
(By Sri.M.R.Hiremathad, Advocate for R1;
. . . Respondents . . . Respondents Notice to R2 is dispensed with & service of notice to R3 is held sufficient v/o dated 09.12.2016) These MFAs are filed U/S. 173(1) of Motor Vehicle Act, against the judgment and award dated 11.06.2012 passed in MVC No.954/2010, MVC No.952/2010, MVC No.955/2010 and MVC No.953/2010 on the file of II Additional Senior Civil Judge and VI MACT, Davangere awarding a compensation of Rs.31,000/-, Rs.6,000/-, Rs.62,000/- & Rs.30,000/- with interest at 6% p.a. respectively from the date of petition till the date of realisation.
These MFAs coming on for hearing, this day, the Court delivered the following:
J U D G M E N T These four appeals are directed against the common judgment and award dated 11.06.2012 passed in four claim petitions in MVC No.954/2010, MVC No.952/2010, MVC No.955/2010 and MVC No.953/2010 by the learned II Additional Senior Civil Judge and VI MACT at Davanagere wherein the petitions came to be partly allowed by awarding compensation as detailed below:
MVC No. connected MFA Award amount 954/2010 8610/2012 Rs.31,000/-
952/2010 8608/2012 Rs.6,000/-
955/2010 8611/2012 Rs.62,000/-
953/2010 8609/2012 Rs.30,000/-
2. In order to avoid confusion the parties herein are referred in accordance with their status as stood in the claim petitions.
3. In so far as facts of the case are concerned, on 16.02.2010 the petitioners and others had gone to Handigunte Village to purchase the bullocks in the bullock fair and after purchasing the bullocks, the petitioners engaged a truck bearing registration No.KA 05/D 1188 for carrying the bullocks from Handigunte village to their village, while traveling in the said vehicle along with bullocks when they came near Sooranahalli Gate at about 11.30 p.m, the respondent No.1 being the driver of the said truck drove it in a high speed with rash and negligent manner and the vehicle turtle down and caused the accident due to which the petitioners in MVC No.951/2010, MVC No.1153/2010 and MVC No.1154/2010 sustained grievous injuries. The bullocks of the petitioners in MVC No.952/2010 sustained grievous injuries and also three bullocks of the petitioners in MVC No.953/2010, MVC No.954/2010 and MVC No.955/2010 died on the spot.
4. Insurance Company resisted the claim petition.
5. On considering the relevant materials on record, the learned Member held that the legal aspect of the claims were in order and in so far as each bullocks and injuries are concerned he awarded compensation. In so far as MVC 954/2010 is concerned, an amount of Rs.31,000/- was granted. Similarly in MVC No.952/2010 an amount of Rs.6,000/- was granted, in MVC No.955/2010 an amount of Rs.62,000 for two bullocks was granted and in MVC No.953/2010 an amount of Rs.30,000/- was granted and directed the Insurance Company to deposit the same, which is challenged by the Insurance company in these appeals.
6. Learned counsel Sri. K.P. Trimurthy, Advocate for Sri.R.Rajagopalan appearing for the appellant-insurance company contended that the claimants could not have claimed the compensation like any other goods in respect of bullocks and that the additional premium is not paid.
7. Considering the fact that the claimants are agriculturist and in furtherance of agricultural activities they had purchased the said bullocks out of which four are dead, the Tribunal has awarded the compensation which is just and fair compensation. No material is placed by the appellant- insurance company that additional premium was required but not paid. Hence, I find that there are no infirmities and illegalities in the compensation awarded. The judgment and award dated 11.06.2012 passed in MVC No.954/2010, MVC No.952/2010, MVC No.955/2010 and MVC No.953/2010 by the learned II Additional Senior Civil Judge and VI MACT at Davanagere is hereby confirmed. Hence, appeals are rejected.
Amount in deposit is ordered to be transmitted to the claims Tribunal.
Sd/- JUDGE UN