High Court Karnataka High Court

Bhimanagouda vs Basavaraj on 8 September, 2008

Karnataka High Court
Bhimanagouda vs Basavaraj on 8 September, 2008
Author: B.S.Patil


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IN THE HIGH comm’ OF KARNATAKA. jj

MFA 12457 /2007

cnzcurr BENCH AT r.}u1L.BAR_<§A ""' C

DATED THIS THE am DAY ofi'=.sE§?1'E'MBE§R,

BEiE?_(_}R.E

THE HON'BI,E MR.J1§ST1cE_»B.s;9Afr:L

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Bhimanagouda;

S/0 Shankatag If ‘

Age 33 y( ‘§_.vI”.’i,”~.(.)(£!’Ii ;_>B11S”iI’lv2S’A.”iv,.A «.
R/o B.Bagewa;t1i, V’ ”

Dist. Bijapur. ‘ . ”

(By Sr!

I ‘ 1, V ‘ Basava.ta_~§a x, . __

% ks/oGa1ansahappa Pam.

” A Age: 42,?£)cc: Business,
3] 0 R&j£i33ément Spun
Pipe Works,
P.i3.N_0.124, Nehru Gun},

‘ ” ~TG_t1Ibé1’ga.

‘ “I’IA1’c Branch Manager,

Orienta}. Insurance Co. Ltd.,
Opposite S.S.’I’cmp}ae Road,
Bijapur, Dist. Bijapm’.

(By Bti Amaresh B.Roja, Adv. for R-1;
amt. Bmnitra 3., Adv. for R-2)

… APPELLANT

… RESPOHDEHTB

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MFA 1245772007

This appeal is filed under Section 17.1%)’ }:;~fLe’f:sa”areeeLdAct,
against the judgment and eewaxd dated 10.03 passed in

MVC No.491/2002 on the file of »Membex*,”‘MA.C’I’-VI,’*ABi§api1r,’g
pmfly allowing the claim petition [for

enhancement for compensation.

This appeal coming ca’i1=f9r lieavxfiiig, t_j13:1e.vVC¢;>:i1rt
delivered the following: ‘

A ~ aurne2uEfl._15Ad%\.,,.%_

01. This appea1_is aggrieved by the
judgment-a1éC_’1__ ‘by::1’he_ §’dV1e&(3’I’-VI, Bijapur in MVC
id’ ‘ H E

()2. the Claims Tribunal has awarded a

suAm_of Rel} “fiitemst at 6% per axmum from the date

V’ ._ tiie’daie of payment, towards the damages caused

ear belonging to the appellant

O3§’=– The of the appellant briefly stated is that on

1’Z.()f2…2i1-€)1, a Maruti car belonging’ to the appellant bcann’ g
d’ ‘A.§l’0.-NniH–O9/E-1396 was taken to Sangazzn from Basavana

and when the car was returning to Basavana

Bagewadi at about 12.00 pm. in the midnight when the car

came near Almatti bridge on NH~13, a tipper loaded with sand

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MFA 12457 /2007

hearing No.KA-32/1097 was found stationed of

the read without putting any 1i8hts;= ij it

midnight and as parking lights not.’ fiauhte-n’,”‘thehtltfiwzvrehof

the maruti car could not notice: the lc:zf3’f,: s:a4s[Va iit.
dashed against the lorry. ‘r1ie= .ec:r:idc1tt’ ktéavingivfgzeslflted in
serious damage and the _appeilaht meved the

Claims Tribunal ‘ j .,

04. The PW~1. He examined
one Sn]. V Auto and Maruti Service
Statioti, as .. driver of the car Sri Kaneppa
as PW-3. Ex.P–5 — Estimate

Repert was show that the damaged vehicle was got

_ .t_Vei:.1._vthe estimate of the damage caused was prepared.
.’_l’h’_<_:_ e showed that the loss caused was in the

oxiier (sf ReA¢«i,A81,365/ ~.

2 The ‘i’n’hun$ has found from EXP-5 and also fiom the

; ence of PW-2, Proprietor of Balaji Auto and Maruti SeIv1ce’

Vt “Station that the document containing the estimate of loss was

duly proved. However it has proceeded to discard this material

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MFA 1245’7{2007

on the gound that the appefiant here-in had

Rs.45,000/- from the National h:1sux’a_:1ge__COI£_=.’;iat1′ * .


of the car towanls the damages 

placed by the claimant to show:      ;

received in full and final settlemehi: the    'Tribunal

has specifically found _did choose to
produce any docmgnent héhaehthot received the
amount from in full and finai
settlement of: for the payment of
damageeeu has placed reliance on
the judg:zheht– 1332. However, in View of

the ex;cnsive””egmg¢ caused to the vehicle and as the vehicle

V’ ‘was :»_A-s:Lvaai1A.ableV”Vf0r””11se, the claimant was found to have

‘expenses towards the incidental charges and

hence ..Rs.4,(){)O/ — was assessed as expenses incuned.

H The—-;i’n’bux1al also found from the evidence on record that
V , tL%er of the car was also negligent as there was suficient
VA on the road which he could have used to avoid runnm’ g

~ into the stationary lorry. The contributory negligence on the

part of the driver of the car was arrived at 73% and the

%

“””‘ ‘ “”””‘”A’ ‘,.- “”‘”*'””””‘”\*”~ ‘WW?’ K-s\-JUKI we- KAKNAIRKA HIGH CGURT OF KARNA?AKflx WJGH CWUR7 05” KARNATQKA Fiifiii COURE

MFA 12457/2007

negligence on the part of the driver of the Eozrry
lony without putting on the parking lights, it it

Accordingly, a sum of Rs.1,000/- catiixe afiiraided

Iespondents I 85 2 jointly and it

07. Having heard the the and on
careful perusal of the find that the
Tribunal has totally? a finding that
as the any materiai to
show that by him fmm the
Nationai full and final settlement

of the c1a1m’ ,i”‘heiiWa.-it for payment of damages. It is

_. the case uof the can be seen fiom his deposition,

_received the said amount of Rs.45,000/~

settlement of his claim. Reliance placed

T by the””eez:;:ft’ on the judgment reported in 2005 ACJ 1332

it it i.i4’ie:’note_ap..1i6s:itc to the facts of the case, as, in the said case, the
the truck had received compensation in full and fine)

of his claim from his insurance company and in

“$1613 cimumstances, it was held that he was not entitled to

c}aim compensation from the other insurance company which

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MFA 12457/2007

Maruti Service Station. Suflice it to say ‘.
approach atiopttxl by the court bckvw u u
end’ cnce on mcczrd is not consmd’ cIm ‘§.n
The matter mquims fresh = %’

03. Hence, thisappeal — fl’_h§é”j1;dg1ri¢iit am aware!

passed by the ‘I’rhuna1’ is is remitted to

the Tn’buna1 for {ma}: with Law.

% Sd/-

Iudge