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National Insurance Co Ltd vs Gangawwa on 26 September, 2008

Karnataka High Court
National Insurance Co Ltd vs Gangawwa on 26 September, 2008
Author: V.G Sabhahit S.N.Satyanarayana
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IN THE HIGH COURT OF' KARNATAKA

CIRCUIT BENCH AT BHARWAD

DATED THIS THE 3' my 09* SEPTEMBER__i3G08 ..    _

PRESENT _ V V
THE HONBLE MR.JUSTI{}E  =   _ 
AND   " " 
THE HONBLE M;2.JUs'Hc:'EE S.SA'1'YANA§2AYANA 

MFA,.No.384~5ig"m;§_Q\_m

BETWEEN:

NATIONAL INSIIRANCE  ma-.,

BELGAUM D0. = -. '   ~ '

THROUGH rrs REG!.§3NAL_OFFiCE

NO. 144, SU_B1£ARP.MCOMP'!,EX,
M.G._ROAD,"i'3ANGA'E,ORE-560 00:,

REL'. 1'3'2.1*1's ASST. ADMINISTRATIVE OFFICER,

 -  s§{;"s.13-.aHQMBAL'; ~ ..... .. -

..APPELLAN'I'

ARE):

 ..  ':31\}IT. GANGAWWA, MAJOR,

W] O RAi'd§APPA BADIGER,

  SMT. SAKUBAI, MAJOR,

W / O FAKIRAPPA BADIGER,

3. KUMAR RAMAPPA,
D/O F'AKlRAP¥'A BADIGER,
REP. BY HIS MOTHER 8; NATURAL
GUARDIAN RESPONDEN'I'- I.

4. KUM.GEE'I'A, MAJOR,
D/O FAKIRAPPA BADIGER,



REP. BY HIS MCYPI-{ER 8: NATURAL
GUARDIAN RESPONDENT-1.

ALL ARE R] O IBEAIVIHONGAL,
TALUKISAUNDATTI, DISTEELGAUM.

5. F’AK1RAPPA,MAJOR,
s/0 BEERAPPA BANDR{)L{.§,
R/O HALGATTI,
TALUKRAMDURG, DIS1″:BELGAUM, ‘ ._
(OWNER OF MOTOR CYCLE BEARING ..
N0.KA.24[H~71} ‘–

THIS MFA IS FILEE U18 173(1) OFMV ACT ..AGAINS’Ef THE
Jt}DGMEN’1′ AND AWARD DATED 1.35.2004, PAssED_u~1v: MVC
No.2s21/02 on THE FILE _0E ‘§’HE _MEMBER, ADDL. MACT,
SAUNDATPI, AWARDING c0EaPEIEsA3ri’9N~.;QFE –_RS.4,19,000/~
WITH IN’I’ERES’I’ AT 6% RA. AND D1RE-cm§G.?HE_.APPELEANr
HEREINTO DEPOSITTHE SAME.

TH1S’AP§>EAL HEARD AND RESERVED FOR
ORDERS ANITLCOMING ON-FOR FRONOUNCEMENT OF ORDERS
THIS DAY, EAWEEARAYAEA aj..; DELIVERED THE FOLLOWING:

f ~_2n<i &VféEpondent~Insurance Co111paI1y's

the judgment and award dated

j ;3.3.%2o4Epasséd in MVC 910.2821/2002 an the file of

% ‘ 1* i 4A’;’*.«_Vtxi'<i'.it;i11§.a.iw–3i\’:}!A(3’I’, Saundatti.

2. The facts leading to this appeal are that the

V petifion was filed by mother, wife and children of

“”4

” ”

one Fakirapa Badigerfl who died due to the injuries
suffered in an accident on 29.11.2002. It is the ease of

the claimants that on 29.11.2002,

Fak1’rappa was returmn’ g from Mudenur

Lokapur—Ramdurg road riding H_()’I’1d$3V:” 1»

bearing No.KA.24.H.0071 be1oI1.gi__I1g_zt’o

The said vehicle met S fleas

Bakekundaragi =d ue tome injuries
sustained in the accic1en’t:._ 1′ case of the
claimants 2′ agictfltnzist by
income was Rs.60,000/ ~ per
month’1 = claim petition seeking
she owner and the insurer of the

» ‘*-cycle seeking compensation in a sum of

with interest at 12% per anmlm

at Salmdanzi.

” 3; The ‘I’ribuna1 issued notiw to the

‘fesfiondents. The respondents entered appearance

their counsel and filed objections. On the

basis of the pleadings issues were framed, evidence was

‘”1

1289 (DB) wherein it is held that Section 163–Aofp the

M.V.Act provides awarding of

structural formula basis, if in the event ereje

injury is caused due to the ne§ligenee_ of

himself, the claim arising out of

maintainable. The principles down eetmeeeeeon Ad

is negatived by the the case
of DEEPAL (.}IRISHB_Iji:AIVV –vs—-
UNITED INQHK reported in 204
ACJ 934: Visn’re’r§1dered by three Judges
Bencizof Court and in View of the

princip1e’s.__1aid the aforesaid judgment of the

_ A’ the ground urged in this appeal

‘ notvmaintajnable and that the claimants herein are

‘eniit1ed.V ‘ the c1aJm’ petition under Section

1653-AV”‘Vthe M.V. Act to seek compensation for the

VA * of the deceased. In fact, the ratio enunciated in

tenet aforesaid Deepal Girishbhai Soni’s ease is foliowed

‘ by the Division Bench of this Court in UNITED INDIA

‘*1

INSURANCE CO. LTD. AND OTHERS —-vs- ANITHA AND
OTHERS (ILR 2007 KAR 28).

6. In View of the 1% decision Etow

supra, there is no merit in the K

respondent-Insurance Company”; ‘gs — «

is concemcd. Since the _appéIl,§ 11t L’

challenged the quantum of by V

the Tribunal, it will ._fi3 i§it.t11e appeal is not
maintainable the

sdI–

Judge
%%%%%% & Salli

Judge

TL. K

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