High Court Karnataka High Court

Oriental Insurance Co Ltd vs Sri K M Kushalappa S/O K K Madappa on 24 March, 2008

Karnataka High Court
Oriental Insurance Co Ltd vs Sri K M Kushalappa S/O K K Madappa on 24 March, 2008
Author: B.S.Patil
-1-

ii 'T'iii: i-ii"" oe-"fir orr  AT fiAi'I'u1u.u"' ' * -m
DATED nus mm 241'! DAY or MARCH 2008,
nmrom  " it

me Horrnm IIR.JU8'I'-ICE n.s. pmiftno if '  

Qrler-_ta1 Insurance Co: Ltr_L,

Chamarajpet, DO-10,

T}.n-611$ its Refiw Gfiree,

Leo Shopping Complex,'  ~

#44145, Residency Road,' '

Bangalore -- 560 025,  .

Rep. by its Assistant   I  

Sri.K.Jayaram; 0   =:   A '  =   APPELLANT

sn.K.M}'a{uisha'1a§pg§.;.   2
Aged about_45 years,f .-- "
S] o.K_.K.Madap'pa,V 

No.{li5, 22.2"'  BSK ii Sac,

 *   '*.;,$60 070--.----~--« =  mnspounnzrrr

   S131"?! Adv.)

   is filed 11/s 173(1) of the Motor Vehicles Act

V, against the Judgment and Award dated 10.11.2005 passed in
 MVC M1400/2003 on the file of the IX Addl. Judge s--.
= d * Mefaber, M.A.(,'.'!'-'.7, Ct_n_Lrt of Small Causes, Bangalore (SCCH

" _ =.N'o..'.7.)', awarding compensation of Rs. 1,639,000] - with interest at

the rate of 6% pa. %m the date of  *"...£L r°...._um°"'°°**..Ln.

This Appeai coming on for orders.  day, the Court
delivered the following:



... 2 ...
1. This appeal is flied by the insurance fifffpany
challenging the judgment and award dated 10. 

in MVC No. 1400/ 2003 by the MAC'l'.. Bangatoreg 

2. On 13.09.2002 when the  wee_at;tmng:    to 

Van be..rL!I.g 11.3gLE.|t.11l.tL0I_1 Item-o5  theta 

nuugeuore on '.{an%p"..r-a    

occurred when a JeepbeaIing'*'rr€§"ietr=3t'doné' 2 'M39
dashed against the  ' thi  Jlfeittejt to the impact. the
Section 16f.'of'tht;Mptorfi_§(ehicles Qttet  filed by the elatm t
  eccideht occurred due to the rash
and negligent.  jeegzt by its driver. The owner of the

..ep B_!|.___   jeep were made party-respondents.

La

hi1′.n.eelt’ as PM}: 1. Exa._P1_ to P22 were

rm….£
I115.’-

.:’_

. pmduoed marked.

H “sf }h{‘eteeee’tvas framed before the Tribunal regarding the

j heghgence on the part of the driver of the Jeep.

.. Though complaint was lodged by the driver of the Jeep alleging

l’–t1.egll_ger;ce on the part of the claimant himself. the Tribunal by

V’ ” “misc nstruing the me-.te-L._l .9. record, partictflarly, the purport

as the evidence of the claiman’ t remain’ ed, based on the
complaint and the FIR, the negligence on the part ofthe Jeep

driver was found proved.

4. Learned counsel appearing for the

——-l———J

–‘D

C mnnnv drawi 0 m, a.te1_1.1icn of to Q 7.

. 1. .-+ +i…+ 41…, -1~..m..gg…1
that the documents namely
registered established ‘outta; part of the
driver of the Jeep. the complaint was
in fact filed the-_~ alleging negligence
on the the Maruti Van.

Thexefcrenthel in misconstruing this
pieceV\ot.’ what is required to be noticed in

ngn

been is 111 T

l evidence in the’ fbrm of complaint by the

the evidence of the cla1man’ t namely the driver

Van. The accident has taken place in a place

* there was a curve near Udipalya and both vehicles

‘ hicoilided While taking turn. In the absence of any evidence

adduced by the claimant showing that the accident occurred

a mecca. cf the m-«”0-en we

‘:3

=>
3

the Jeep, the “i’r-ihnnal was rrt j”suueu in holding *…a. t..e
Jeep driver alone caused the accident. if the acciifint was

caused due to the gross negligence on the part ‘Jeep

driver alone, nothing’ prevented the claimzm tt A an

complaint at an earliest point of .

suggests that both the driver of Jeep it

MarI_.i Van {the claimant “;equa;il%*,k’

re-pa’-sihle fin’ the e..cefL.en..Ap_..!!’§’th;atppvLew”ef,_t1;e§matter, the

actionable negiigenceitdeserfives’ be; With. Uwn

it-;r_1.ce__ooj.; I am of the view’ that

both._the theidriver of the Marathi Van

are ekgnafly -» 50) in causing the accident. The
‘therefore ot’A’ihe”—appeflant-Insmance Company has to

bf}. §Iestr’icted”‘to 50% ‘-of the amount of compensation awarded
~1:I_.r:IJu’5 “-the ace- ..1..d interest,

r above modification of the impugned judgment

this appeal is partly allowed. The statutory

~ amount deposited before this Court shall be transferred to the

lriizrunal.

\fi

PKS

Sd_,/ –

Judge