1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 3RD DAY OF SEPTEMBER 2014
BEFORE
THE HON’BLE DR. JUSTICE K. BHAKTHAVATSALA
MISCELLANEOUS FIRST APPEAL NOS.10883/2013, 6803/2013, 10881/2013, 10882/2013, 10884/2013, 10885/2013, 10886/2013, 10887/2013, 10888/2013, 1952/2014, 1953/2014, 2499/2014 (MV) BETWEEN: MFA NO.10883/2013 The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan.
Now represented by its Regional Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, HUBLI-580 020. Appellant
(By Smt. Harini Shivananda, Adv.)
AND
1. Ningaraju, S/o Amavasaiah, 2
Age: 41 years, R/o Jakkenahalli, Hally Mysore Hobli, Holenarasipura Taluk, Presently at R/o Ramaiah, S/o Rangaiah, Ambedkar Nagar, Konanur Town, Arkalgud Taluk-573 102.
2. Vasim Akram, S/o Mohammed Rafiq, Major No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle KA 13 3784) Respondents
MFA NO.6803/2013
BETWEEN
The Divisional Manager, Oriental Insurance Co. Ltd., Divisional Office, S S Complex, Subhas Square, Hassan-573 201.
Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant (By Smt. Harini Shivananda, Adv.) 3
AND
1. B T Govinde Gowda, Age: 41 years, S/o Thimmegowda, R/a Garudanahalli, Arakulgudu Taluk & also at B Katihalli, Kasaba Hobli, Hassan Taluk, Hassan District-573 102.
2. Wasim Akram, Major, S/o Mob Rafiq, No.177, Saligrama, K R Nagar, Mysore District-571 604.
3. M M Srinivas, Major, S/o Mali Gowda, Doddamagge & Post, Arakulgud Taluk, Hassan District-573 102. Respondents
(By Smt. A Sharadamba, Adv., for R-1) (R-2 and 3 are served, but unrepresented)
MFA NO.10881/2013
BETWEEN
The Manager, The Oriental Insurance Co. Ltd., S S Complex, 4
Subhash Chowk, Hassan.
Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant
(By Smt. Harini Shivananda, Adv.)
AND
1. Roopa, W/o Ashoka, Age: 31 years, R/o Gondimallenahally Village, Kasaba Hobli, Holenarasipur Taluk, Hassan District-573 211.
2. Wasim Akram, S/o Mohammed Rafiq, Major No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle KA 13 3784)
3. M M Srinivas, Major, S/o Mali Gowda, Doddamagge & Post, Arakulgud Taluk, Hassan District-573 102. (Old owner of vehicle KA 13 3784) Respondents 5
MFA NO.10882/2013
BETWEEN
The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan.
Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant
(By Smt. Harini Shivananda, Adv.)
AND
1. Smt. Savitha, W/o Gangadhara, Age: 26 years, R/o Borekoppam (Kalanakoppam), Ramanathapura Hobli, Arkalagud Taluk-573 102.
2. Vasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle-KA 13 3784) Respondents 6
MFA NO.10884/2013
BETWEEN
The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan.
Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant
(By Smt. Harini Shivananda, Adv.)
AND
1. Venkatamma @ Venkamma, W/o Swamynayak, Age: 46 years, R/o Rudrapatna, Ramanathapura Hobli, Arkalgud Taluk-573 102.
2. Vasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle-KA 13 3784) Respondents 7
MFA NO.10885/2013
BETWEEN
The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan.
Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant
(By Smt. Harini Shivananda, Adv.)
AND
1. Ningaraju @ Nagarajachari T N, S/o Ningachari, Age: 46 years, R/o Basavapattan Dhakle, Thattevalu, Ramanathapura Hobli, Arkalgud Taluk-573 102.
2. Vasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle-KA 13 3784) Respondents 8
MFA NO.10886/2013
BETWEEN
The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan.
Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant
(By Smt. Harini Shivananda, Adv.)
AND
1. Ramesh, S/o Kalegowda, Age: 36 years, R/o Borekoppalu, Ramanathapura Hobli, Arkalagud Taluk-573 102.
2. Vasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle-KA 13 3784) Respondents 9
MFA NO.10887/2013
BETWEEN
The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan.
Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant
(By Smt. Harini Shivananda, Adv.)
AND
1.Saraswathi, W/o Srinivas, Age: 26 years, R/o Basavapattna, Ramanathapura Hobli, Arkalagud Taluk-573 102.
2. Vasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle-KA 13 3784) Respondents 10
MFA NO.10888/2013
BETWEEN
The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan.
Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant
(By Smt. Harini Shivananda, Adv.)
AND
1. Venkatappa @ Venkatajogi, S/o Annajogi, Age: 46 years, R/o Ibbadi Dhakle (Jogi Colony), Arkalagud Taluk-573 102.
2. Vasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle-KA 13 3784) Respondents 11
MFA NO.1952/2014
BETWEEN
The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan.
Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant
(By Smt. Harini Shivananda, Adv.)
AND
1.Janakirani, W/o Chandrashekar, Age: 55 years, R/o Basavapattna, Ramanathapura Hobli, Arkalgud Taluk, Hassan District-573 201.
2. Vasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. 12
3. M M Srinivas, S/o Maligowda, Major, Doddamagge Village & Hobli, Arkalgud Taluk, Hassan District-573 201. Respondents
MFA NO.1953/2014
BETWEEN
The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan.
Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant
(By Smt. Harini Shivananda, Adv.)
AND
1. Ambika, W/o Ravikumar S, Age: 42 years, R/o Basavapattna, Ramanathapura Hobli, Arkalgud Taluk, Hassan District. 13
2. Wasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District.
3. M M Srinivas, S/o Maligowda, Major, Doddamagge Village & Hobli, Arkalgud Taluk, Hassan District. Respondents
MFA NO.2499/2014
BETWEEN
The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan.
Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant
(By Smt. Harini Shivananda, Adv.)
AND
1.Puttarajappa, 14
S/o late Nanjappa, Age: 66 years, R/o Niduvani Village, Hally Mysore Hobli, Holenarasipur Taluk, Hassan District.
2. Wasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District (Present owner of vehicle-KA 13 3784)
3. M M Srinivas, S/o Maligowda, Major, Doddamagge Village & Hobli, Arkalgud Taluk, Hassan District (Old owner of vehicle-KA 13 3784). Respondents
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Miscellaneous First Appeal No.10883/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 17.6.2013 made in MVC No.816/2012 on the file of Civil Judge (Sr. Divn.)/MACT, at Arkalgud.
Miscellaneous First Appeal No.6803/2013 is filed under Section 173(1) of the Motor Vehicles Act, against 15 the judgment and award dated 7.2.2013 made in MVC No.954/2012 on the file of Presiding Officer, Fast Track Court-II/MACT, Hassan. Miscellaneous First Appeal No.10881/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 12.7.2013 made in MVC No.846/2012 clubbed with MVC No.845/2012on the file of Senior Civil Judge/MACT, at Holenarasipur.
Miscellaneous First Appeal No.10882/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 17.6.2013 made in MVC No.815/2012 on the file of Civil Judge (Sr. Divn.)/MACT, at Arkalgud.
Miscellaneous First Appeal No.10884/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 17.6.2013 made in MVC No.817/2012 on the file of Civil Judge (Sr. Divn.)/MACT, at Arkalgud.
Miscellaneous First Appeal No.10885/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 17.6.2013 made in MVC No.818/2012 on the file of Civil Judge (Sr. Divn.)/MACT, at Arkalgud. 16
Miscellaneous First Appeal No.10886/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 17.6.2013 made in MVC No.819/2012 on the file of Civil Judge (Sr. Divn.)/MACT, at Arkalgud.
Miscellaneous First Appeal No.10887/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 17.6.2013 made in MVC No.822/2012 on the file of Civil Judge (Sr. Divn.)/MACT, at Arkalgud.
Miscellaneous First Appeal No.10888/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 17.6.2013 made in MVC No.821/2012 on the file of Civil Judge (Sr. Divn.)/MACT, at Arkalgud.
Miscellaneous First Appeal No.1952/2014 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 23.10.2013 made in MVC No.90/2013 on the file of Senior Civil Judge/MACT, at Arkalgud.
Miscellaneous First Appeal No.1953/2014 is filed under Section 173(1) of the Motor Vehicles Act, against 17 the judgment and award dated 23.10.2013 made in MVC No.91/2013 on the file of Senior Civil Judge/MACT, at Arkalgud.
Miscellaneous First Appeal No.2499/2014 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 12.7.2013 made in MVC No.846/2013 on the file of Senior Civil Judge/MACT, at Holenarasipur.
These Appeals coming on for Orders this day, the Court delivered the following:
JUDGMENT
These Appeals by the Insurance Company are directed against the impugned judgments and awards, contending that at the time of accident, about 22 to 25 persons were travelling in the Maxicab bearing registration No. KA-13-3784 as against the seating capacity of 12+1 and thus there is a violation of permit conditions by the owner of the vehicle, but the Tribunal erred in saddling liability of the owner of the Maxicab on the
Insurance Company.
2. Learned Counsel for the appellant/Insurance Company 18 submits that in view of the decision reported in 2004 ACJ 2094
(NATIONAL INSURANCE CO. LTD. Vs. CHALLA BHARATHAMMA
AND OTHERS), the Insurance Company is not liable to indemnify the owner of the vehicle in question.
3. As against the motor accident that occurred on
18.11.2011, due to the alleged rash and negligent driving of the
Maxicab bearing registration No. KA-13-3784, in all 12 claim petitions were filed. The claimants were travelling in the
Maxicab from Basavapattan Dhakle to Ramanathapura and at about 9.30 am, when it was near Tippegowda garden,due to rash and negligent driving of the Maxicab by its driver, the vehicle turned turtle and the 12 passengers, who were travelling in the vehicle sustained injuries. They filed claim petitions seeking compensation towards personal injuries. The claimants have been examined. The Insurance Company has not adduced any rebuttal evidence to hold that at the time of accident, 20 to
25 persons were travelling in the Maxicab and thus violated the permit conditions.
4. It is not the case of the appellant/Insurance Company 19 that there is any other claim petition filed except the 12 claimants. Admittedly, the vehicle in question is covered with the insurance covering the risk of 12 passengers plus the driver.
Under such circumstances, the Tribunal is justified in saddling the liability of the owner on the Insurance Company. There is no evidence on record to hold that there was any violation of permit conditions or the insurance policy.
5. The decision relied upon by the appellant/Insurance
Company rendered in NATIONAL INSURANCE CO. LTD. Vs.
CHALLA BHARATHAMMA AND OTHERS, supra, is not applicable to the facts and circumstances of the case. In other words, the insurer in that case resisted the claim on the ground that the insurer had not obtained permit to ply the vehicle; whereas in the instant case, the contention of the Insurance Company is that there was excess passengers than the seating capacity, but the same is not proved. There is no merit in the Appeal and I.A-
I/2014 to condone the delay in filing each of the Appeal. Hence,
I.A-I/2014 filed each of the Appeal and the Appeals are dismissed. 20
Registry is directed to transmit the statutory amount in deposit in the Appeals to the Tribunal for disbursement.
Sd/- Judge
Bjs