The Branch Manager, United India Insurance Co. Ltd., Raichur and Gangavathi Represented by Its the Divisional Manager, United India Insurance Co
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1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 31 ST DAY OF MAY 2013 BEFORE THE HON'BLE MR. JUSTICE C.R.KUMARASWAMY MFA NO.5195/2007 C/W MFA NO.5196/2007, MFA NO.5192/2007, MFA NO.5193/2007, MFA NO.5194/2007 (MV) MFA NO.5195/2007: BETWEEN: The Branch Manager, United India Insurance Co. Ltd., Raichur and Gangavathi Represented by its The Divisional Manager, United India Insurance Co. Ltd., Divisional Office, P.B.No.53, V.V. Sukhani Complex, 1st Floor, Gandhi Chowk, Raichur-584101. ... Appellant (By Sri Shivanand Patil, Advocate) AND: 1. Yellamma D/o Basayya Aged 14 years, 1st respondent is minor U/g of her nature father Basayya R/at Arkera Village, 2 Devadurga Taluk, Raichur. 2. Veeresh S/o Mallappa, Major, R/at Maski, Tq. Lingasugur, Dist: Raichur. 3. Bheemaraya S/o Thimmanna, Major, R/at Buddinni village, Devadurga Taluk, Raichur District. 4. Renjuka @ Laxmi Bai W/o Ananda Surupur, Major, R/at Dhotihal Village, Kushtagi Taluk, Raichur District. ... Respondents (Sri Basavaraj R. Math, and Sri Hanumantha Reddy Sahukar, Advocates for R1 Sri Mallikarjun C Basareddy, Advocate for R3 and R4 Notice to R2 dispensed with vide order dtd.27.2.2013 ) This Miscellaneous First Appeal is filed under Section 173 (1) of MV Act against the judgment and award dated 10.01.2007 passed in MVC No.78/03 on the file of Presiding Officer, Member, MACT, Fast Track Court II, Raichur, awarding a compensation of Rs.28,000/- with interest @ 6% per annum. 3 MFA NO.5196/2007: BETWEEN: The Branch Manager, United India Insurance Co. Ltd., Raichur and Gangavathi Represented by its The Divisional Manager, United India Insurance Co. Ltd., Divisional Office, P.B.No.53, V.V. Sukhani Complex, 1st Floor, Gandhi Chowk, Raichur-584101. ... Appellant (By Sri Shivanand Patil, Advocate) AND: 1. Chandamma W/o Balayya Aged 39 years, R/at arkera Village, Devadurga Taluk, Raichur. 2. Veeresh S/o Mallappa Major, R/at Maski, Tq. Lingasugur, Dist: Raichur. 3. Bheemaraya S/o Thimmanna Major, R/at Buddinni Village, Devadurga Taluk, Raichur District. 4 4. Renjuka @ Laxmi Bai, W/o Ananda Surupur, Major, R/at Dhotihal village, Kushtagi Taluk, Raichur. District. ... Respondents (Sri Basavaraj R. Math, and Sri Hanumantha Reddy Sahukar, Advocates for R1 Sri Mallikarjun C Basareddy, Advocate for R3 and R4 Appeal against R2 dismissed vide order dtd.5.8.2010 ) This Miscellaneous First Appeal is filed under Section 173 (1) of MV Act against the judgment and award dated 10.01.2007 passed in MVC No.79/03 on the file of Presiding Officer, Member, MACT, Fast Track Court II, Raichur, awarding a compensation of Rs.28,000/- with interest @ 6% per annum. MFA NO.5192/2007: BETWEEN: The Branch Manager, United India Insurance Co. Ltd., Raichur and Gangavathi Represented by its The Divisional Manager, United India Insurance Co. Ltd., Divisional Office, P.B.No.53, V.V. Sukhani Complex, 1st Floor, Gandhi Chowk, Raichur-584101. ... Appellant (By Sri Shivanand Patil, Advocate) 5 AND: 1. Mangamma W/o Rangappa Aged 56 years, R/at Arkera Village, Devadurga Taluk, Raichur. 2. Veeresh S/o Mallappa, Major, R/at Maski, Tq. Lingasugur, Dist: Raichur. 3. Bheemaraya S/o Thimmanna, Major, R/at Buddinni village, Devadurga Taluk, Raichur District. 4. Renjuka @ Laxmi Bai W/o Ananda Surupur, Major, R/at Dhotihal Village, Kushtagi Taluk, Raichur District. ... Respondents (Sri Basavaraj R. Math, and Sri Hanumantha Reddy Sahukar, Advocates for R1 Sri Mallikarjun C Basareddy, Advocate for R3 and R4 Appeal against R2 dismissed vide order dtd.5.8.2010 ) This Miscellaneous First Appeal is filed under Section 173 (1) of MV Act against the judgment and award dated 10.01.2007 passed in MVC No.54/03 on the file of Presiding Officer, Member, MACT, Fast 6 Track Court II, Raichur, awarding a compensation of Rs.1,49,000/- with interest @ 6% per annum from the date of petition till realisation. MFA NO.5193/2007: BETWEEN: The Branch Manager, United India Insurance Co. Ltd., Raichur and Gangavathi Represented by its The Divisional Manager, United India Insurance Co. Ltd., Divisional Office, P.B.No.53, V.V. Sukhani Complex, 1st Floor, Gandhi Chowk, Raichur-584101. ... Appellant (By Sri Shivanand Patil, Advocate) AND: 1. Balamma W/o Bassayya Aged 34 years, R/at Arkera Village, Devadurga Taluk, Raichur. 2. Veeresh S/o Mallappa, Major, R/at Maski, Tq. Lingasugur, Dist: Raichur. 7 3. Bheemaraya S/o Thimmanna, Major, R/at Buddinni village, Devadurga Taluk, Raichur District. 4. Renjuka @ Laxmi Bai W/o Ananda Surupur, Major, R/at Dhotihal Village, Kushtagi Taluk, Raichur District. ... Respondents (Sri Basavaraj R. Math, and Sri Hanumantha Reddy Sahukar, Advocates for R1 Sri Mallikarjun C Basareddy, Advocate for R3 and R4 Appeal against R2 dismissed vide order dtd.5.8.2010 ) This Miscellaneous First Appeal is filed under Section 173 (1) of MV Act against the judgment and award dated 10.01.2007 passed in MVC No.77/03 on the file of Presiding Officer, Member, MACT, Fast Track Court II, Raichur, awarding a compensation of Rs.25,000/- with interest @ 6% per annum from the date of petition till realisation. MFA NO.5194/2007: BETWEEN: The Branch Manager, United India Insurance Co. Ltd., 8 Raichur and Gangavathi Represented by its The Divisional Manager, United India Insurance Co. Ltd., Divisional Office, P.B.No.53, V.V. Sukhani Complex, 1st Floor, Gandhi Chowk, Raichur-584101. ... Appellant (By Sri Shivanand Patil, Advocate) AND: 1. Shanthamma W/o Basavaraj Aged 29 years, R/at Arkera Village, Devadurga Taluk, Raichur. 2. Veeresh S/o Mallappa, Major, R/at Maski, Tq. Lingasugur, Dist: Raichur. 3. Bheemaraya S/o Thimmanna, Major, R/at Buddinni village, Devadurga Taluk, Raichur District. 4. Renjuka @ Laxmi Bai W/o Ananda Surupur, Major, R/at Dhotihal Village, 9 Kushtagi Taluk, Raichur District. ... Respondents (Sri Basavaraj R. Math, and Sri Hanumantha Reddy Sahukar, Advocates for R1 Sri Mallikarjun C Basareddy, Advocate for R3 and R4 Appeal against R2 dismissed vide order dtd.5.8.2010 ) This Miscellaneous First Appeal is filed under Section 173 (1) of MV Act against the judgment and award dated 10.01.2007 passed in MVC No.77/03 on the file of Presiding Officer, Member, MACT, Fast Track Court II, Raichur, awarding a compensation of Rs.25,000/- with interest @ 6% per annum from the date of petition till realisation. These appeals coming on for admission, this day the court delivered the following: COMMON JUDGMENT Miscellaneous First Appeal No.5195/2007 is filed under Section 173 (1) of MV Act against the judgment and award dated 10.01.2007 passed in MVC No.78/03 on the file of the Presiding Officer, Member, MACT, Fast Track Court II, Raichur, awarding a compensation of Rs.28,000/- with interest @ 6% per annum. 10 2. Miscellaneous First Appeal No.5196/2007 is filed under Section 173 (1) of MV Act against the judgment and award dated 10.01.2007 passed in MVC No.79/03 on the file of the Presiding Officer, Member, MACT, Fast Track Court II, Raichur, awarding a compensation of Rs.28,000/- with interest @ 6% per annum. 3. Miscellaneous First Appeal No.5192/2007 is filed under Section 173 (1) of MV Act against the judgment and award dated 10.01.2007 passed in MVC No.54/03 on the file of the Presiding Officer, Member, MACT, Fast Track Court II, Raichur, awarding a compensation of Rs.1,49,000/- with interest @ 6% per annum from the date of petition till realisation. 4. Miscellaneous First Appeal No.5193/2007 is filed under Section 173 (1) of MV Act against the judgment and award dated 10.01.2007 passed in MVC No.76/03 on the file of the Presiding Officer, Member, MACT, Fast Track Court II, Raichur, awarding a compensation of 11 Rs.30,000/- with interest @ 6% per annum from the date of petition till realisation. 5. Miscellaneous First Appeal No.5194/2007 is filed under Section 173 (1) of MV Act against the judgment and award dated 10.01.2007 passed in MVC No.77/03 on the file of the Presiding Officer, Member, MACT, Fast Track Court II, Raichur, awarding a compensation of Rs.25,000/- with interest @ 6% per annum from the date of petition till realisation. 6. The common case of the claimants in all these cases are as under: That on 01.06.2002 at about 6.00 PM on Shivanagi-Arakeri road, these claimants were returning in a tractor-trailer bearing Reg.No.SCZ-357-T-2570 after attending their coolie work, respondent No.1 being driver of the tractor-trailer drove the same in a rash and negligent manner and caused accident, as a result of which, these claimants sustained injuries. 12 7. In all these cases respondent No.2 filed his written statement denying the petition averments. Respondent No.3 – United India Insurance Company Limited filed objection statement denying the accident and also contending that the claimants being passengers in the tractor-trailer, they are not entitled for compensation. 8. The finding of the Claims Tribunal at para-21 reads as under: “21. So far as the liability of the insurance company is concerned, it is admitted that the tractor and trailer were insured with the insurance company. But it is contended that the tractor and trailer were insured under agricultural package (farmers’ package policy) scheme and that the owners of the tractor and trailer violated the terms and conditions of the insurance policy by allowing the driver of the tractor and trailer to carry passengers.