SHRI MEHABOOB & Ors. v. UNITED INSURANCE COMPANY AND ANOTHER1 & Ors.

SHRI MEHABOOB S/O. JAINULLA KAMAL, AGE: 33 YEARS, OCC: DRIVER, (NOW NIL), R/O: H.NO.332, LAXMI GALLI UCHAGAON, TQ: AND DIST: BELAGAVI.

SHRI ABDULSATTAR IMAMSAB MULLA, BY HIS LEGAL HEIRS, 2A. SHRI MOHAMMAD SHAFFI S/O. ABDUL SATTAR MULLA, AGE: MAJOR, OCC: BUSINESS, R/O: NO.1336, NINGAPOUR GALLI, KHANAPUR TQ. KHANAPUR DIST. BELAGAVI.

SHRI BABAJAN ABDUL SATTAR MULLA, AGE: MAJOR, OCC: BUSINESS, R/O: NO.1336, NINGAPOUR GALLI, KHANAPUR TQ. KHANAPUR DIST. BELAGAVI. (BY SRI S.R. KAMATE, ADVOCATE FOR R1; NOTICE TO R2 (A) AND R2 (B) ARE SERVED) …APPELLANT …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT 1988, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 07-06-2012 PASSED IN MVC NO.2536/2011 ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, BELAGAVI, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4077 MFA No. 24873 of 2012 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the Insurance Company challenging the judgment and award dated 07.06.2012, passed in MVC No.2536/2011, by the Court of III Additional Senior Civil Judge and Additional MACT, Belgaum (for short, ‘Tribunal’).

2. The claimant, on 18.04.2002, while proceeding as passenger in passenger tempo bearing registration No.KA- 22/A-299 as a driver, who was coming from Kudremani to Belgaum, by driving vehicle keeping under his control, dashed to the road side tree. Thus, the accident is caused due to self negligence of claimant. Therefore, filed claim petition under Section 163-A of the Motor Vehicle Act, 1988 (hereinafter referred to as the ‘MV Act’).

3. The Tribunal has awarded compensation under various heads, which reads as follows: Sl. No. 1. 2. Medical expenses and other incidental Pain and suffering. Heads. expenses. Loss of income during laid up period.

3. Total: Amount in (Rs.) 10,000 25,000 3,000 38,000 - 3 - NC: 2025:KHC-D:4077 MFA No. 24873 of 2012

The learned counsel for the appellant submitted that the claimant himself has dashed the vehicle to road side tree. Thus, the compensation could not have been awarded, by placing reliance on the judgment of the Hon’ble Supreme Court in the case RAMKHILADI AND ANOTHER Vs. UNITED INSURANCE COMPANY AND ANOTHER1.

The Hon’ble Supreme Court in the case of UNITED INDIA INSURANCE COMPANY LIMITED Vs. SUNIL KUMAR AND ANOTHER2, has held that there is no defence to the insurer to raise plea of negligence. Therefore, held that the claim made under Section 163-A in the facts and circumstances involved in the case is maintainable.