IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS M.F.A. NO.1441 OF 2012 (MV) BETWEEN SRIDHAR V S S/O SHIVAPPA AGED ABOUT 21 YEARS LINGAYATHA BY CASTE OCC:AGRICULTURIST NAGARAKATTE VILLAGE, DAVANAGERE TALUK DAVANAGERE 577001.
... APPELLANT (BY SRI G M CHANDRASHEKAR, ADVOCATE) AND 1. M G GIRISH S/O BASAVARAJAPPA AGED ABOUT 45 YEARS R/O BEHIND VISHWA TAILOR DODDAPET, CHITRADURGA - 577501 (DRIVER OF AUTO RICKSHAW BEARING REG NO. KA-17-A-2656) 2. M N ANJINAPPA S/O MALLAPPA AGED ABOUT 35 YEARS R/O GANDHINAGAR 1ST CROSS, DAVANAGERE - 577001 (OWNER OF AUTO RICKSHAW BEARING REG NO KA-17-A-2656) 3. THE MANAGER UNITED INDIA INSURANCE COMPANY LTD DIVISIONAL OFFICE, NO.34/3, 2ND FLOOR P B NO.337, M M K COMPLEX A V K COLLEGE ROAD P J EXTENSION DAVANAGERE 577001.
... RESPONDENTS (BY SRI K S LAKSHMI NARASAPPA, ADVOCATE FOR SRI B C SEETHARAMA RAO, ADVOCATE FOR R3 R2 SERVED VIDE ORDER DATED 24/05/2015 APPEAL DISMISSED AGAINST R1 ) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.11.2011 PASSED IN MVC NO.326/2009 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE & MACT-IV, DAVANGERE, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T R.DEVDAS J., (ORAL):
Learned counsel for the respondent - Insurance Company brings to the notice of this Court that the co-claimant had filed MFA No.1440/2012 before this Court and same was dismissed on 25.02.2016.
2. Learned counsel submits that the claimant herein and the claimant in MFA No.1440/2012 filed a claim petition seeking compensation from the respondent - Insurance Company and the owner of the vehicle bearing registration No.KA 17A 2656. The Tribunal rejected the claim on the ground that the said auto rickshaw bearing registration No.KA 17A 2656 was not involved in the accident and therefore question of payment of compensation either by the owner or by the Insurer does not arise. The appeals arise out of the common judgment passed by the Tribunal. The appeal in MFA No.1440/2018 was dismissed on 25.2.2016 upholding the judgment and award of the Tribunal, rejecting the claim petition. This Court held that the complaint is lodged after lapse of 26 hours of the accident and the vehicle involved in the accident is auto rickshaw bearing No.KA 17 A 5635 and not the auto rickshaw bearing registration No.KA 17 A 2656. This Court has categorically upheld the finding of the Tribunal that vehicle insured by the Insurance Company was not involved in the accident and therefore question of awarding compensation to the claimants or foisting the liability on the owner of the auto rickshaw bearing registration No.KA 17 2656 or its insurer does not arise. Since MFA No.1440/2012 already stands dismissed, the same applies to this appeal also.
The appeal is accordingly dismissed.
SD/- JUDGE KLY/