IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 27TH DAY OF *
BEFORE,
THE HOIWBLE MR. JUSTICE B0I§Aj.i$r,a{A[[ES%SES.E,.jA%E
M.F.A. No. 148:§l'-#2008 (M'VVDVVb".:'
BETWEEN:
SMT GANGAVVA ..
W/O BASAVANNEPPA MA-D_IWAL.AVR '
AGED AE0UT..48._Y-ERAS _.
occ HOUSE?-IVOLSJ DRY'.CL1EANER, "
R/0 _
BELGAUM. ' ._ " ' . _;'.\:>z.">£'s,::":%'\i"'§
(By Sri. SANJAY S _KAN1"!¥_GE;_Iné1V,
AND
1. SR1 KALLAPPA BASAVANNAPPA
--'~MAD1w;aLAR, AGEb--vA,I3_Q£s'T 24 YEAR
0CcBUS1'NES"S, R/O ANKALAGI
BELC;AUEI.r;,"»--«V_¢ "
THEEDI_V1SEO1$IE}§L--LEVMANAGER
THE OF{}EI"lTAL INSURANCE co LTD
FLOOR; SHANABHAG CHAMBERS
' E<LI.RLU--SKAR ROAD, BELGAUM.
* _ ....RE3SPONDENTS
(Ey"S§§i_'.V'1sf_.L.PAT1L, ADV. FOR R2}
{Q
THIS MFA FILED U/S 173(1) op' MV ACT AGAINST
THE JUDGMENT AND AWARD DATED::9/Io'/2007
PASSED IN Mvc No.233S/2004 ON THE F1LE..O1?"'<--ThiE
PRLCIVIL JUDG}33[SR.DN) a ADDI,.IvIAcT, GoI<Ar<1,I'_yI;§A_Ie%I*I_._Y.I
ALLOWING THE CLAIM PETITION FOR COMPE-i§JSAfF.I§JN;'I _ -I *
THIS APPEAL COMING (3N--"E-o--a ADM:1'S*sI'oI\'Iv?I;I~rI'is it
DAY, THE COURT DELIVERED THE E._EI,;3vzI:%:o:--._
JUD€3:I_'{_[EN'i"'
The appe11ant~"W._ is C'C'}aimant"~e MVC
No.2338/2004. The J .iTrihun:a1 'awarding the
compensation' vinsurance Company
from the 'compensation. The
for fastening the
liability' Jon' Company and also for
awarding thejust" compensation.
the learned counsel for the parties and
iperusecl t'hjei..appeaI papers.
as 3";:With regard to the accident, which occurred on
/"if/2006, the Tribunal after quantifying the
it "compensation has held that the Insurance Company
would not be liable to pay the compensation. In this
i
52
is
wwtr
aw'
=*¢
regard, the Tribunal in fact has proceeded on the basis
that the fare paying passengers in the vehicle wouldnot
be covered under the policy. In that context,
referred to have been considered by the hi
this regard, the fact which cannot &_disp;L1te'd_is"that';
the claimant is the mother of thefirstilrespondent;
is the owner of vehicle. the.occ1§y.pa”ntl”of the
vehicle, when the acci’dent_«”hade–:lO.C-curred and she has
tendered her evidence as .V.hile_~.considering the
evidence tendered:’bylihergther has considered
as if staitieldlthat she was travelling
in the vehicle «rare. In fact, perusal of the
evidence wloulid ‘in’dic’ate”:that she was only travelling in
itV.”-the”=vehic1el’ and the mother of the owner of the
7–.ve;lf1iclev..:’in”question. Hence paying fare in any event
would no’t.arise. In that event, she would only travel as
Vlphipermitted passenger of the owner of the vehicle. if that
r._l’b_le”the position, nature of the policy requires to be
“e§§amined. The Tribunal in fact has taken note of the
policy, which was marked as EX.Rl. As the documents
is available before this Court, the Lower Appellate Court
have been received, a perusal of the policy would
indicate that it is a package policy in respec’ti:’of’p:’-the
vehicle in question. Though initially, thereuyverretiyi if
contention even with regard to the “pacl<'i:ageipo}icy;–:the1
position is now accepted by
that in respect of the packageT"p.olicy,*–the- of V
the vehicle would be.coyerethiTheref0.If€, invthis instant
case, the judgement of the extent of
exonerating the'~lrisuranCe–~Co1npai*1yis set aside and it
is held iiii iithat} _pthe'fr4ii"1ns:irance"WCompany is liable to
reimburse the conipensatitorj.
With ._:re’gard.”tolvthe quantum compensation as
i the Tribunal, it seen that the nature of the
established by the documents at
Ex.P.5, §vl1eAr*ein the claimant had suffered fracture and
:jv.Ias_ also patient for about six days. After taking note
_i ofiitlte injuries sustained and evidence tendered, the
“disability has also been reckoned and in respect of the
heads of loss of future earning and pain and suffering
o
LA
the compensation awarded is appropriate. However, in
respect of the head of loss of arnenitiels;:if”L–«.tE*i.¢
compensation is awarded on the lower side ii
a sum Rs. 15,000 / — is awarded. vFu1’t–her,7.¢ to_.Coir1per1-s’ate~;
short fall under the other heads of
awarded.
5. The clairrialii _ entitled to
compensation of.Rs.2:5′,”OO.Q’/–i ‘with. intériesit at the same
rate and same t-awatrdedi Tribunal. The
compensationl:”oi;igiha1_ly.::aiWar:de_d:i’by the Tribunal and
the ‘how be deposited by the
Insurance’ a period of 6 weeks from the
dateéofv receipt “oef_e_opy of this order. On deposit, the
a:r;r1’eunti,_Vs’h.a1l’be_ disbursed to the claimant.
A InV___ter.rrLsiof the above, appeal is disposed of.
gs:
2:33
: ‘””r~
W3
~ -Vnlib