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MFA No. 24692 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
ST
DATED THIS THE 31 DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL No.24692 OF 2011 (MV-D)
BETWEEN:
1. SMT. SHANTA W/O. SHIVANAND GENANI,
AGE: 33 YEARS, OCC: HOME MAKER,
R/O: KHAIRKODI TALUK: RAIBAG,
DIST: BELAGAVI.
2. KUMARI. POOJA D/O. SHIVANAND GENANI,
AGE: 15 YEARS, OCC: STUDENT,
R/O: KHAIRKODI TALUK: RAIBAG,
DIST: BELAGAVI.
3. KUMARI. TANUJA D/O. SHIVANAND GENANI,
AGE: 13 YEARS, OCC: STUDENT,
R/O: KHAIRKODI TALUK: RAIBAG,
DIST: BELAGAVI.
4. KUMAR. KARTIK S/O. SHIVANAND GENANI,
AGE: 11 YEARS, OCC: STUDENT,
Digitally R/O: KHAIRKODI TALUK: RAIBAG,
signed by
SAMREEN
DIST: BELAGAVI.
SAMREEN
AYUB
AYUB DESHNUR
DESHNUR Date:
2024.02.09
5. KUMAR. GANAPATI S/O. SHIVANAND GENANI,
17:09:01
+0530
AGE: 9 YEARS OCC: STUDENT,
R/O: KHAIRKODI TALUK: RAIBAG,
DIST: BELAGAVI.
SINCE PETITIONER NO.2 TO 5
ARE MINORS REP. BY THEIR MOTHER
PETITIONER NO.1 NATURAL GUARDIAN,
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MFA No. 24692 of 2011
6. SHRI. SHANAKAR BAGAPPA GENANI,
AGE: MAJOR OCC: NIL,
R/O: KHAIRKODI TALUK: RAIBAG,
DIST: BELAGAVI.
7. SMT. MALABAI W/O. SHIVANAND GENANI,
AGE: 30 YEARS OCC: HOME MAKER,
R/O: KHAIRKODI TALUK: RAIBAG,
DIST: BELAGAVI.
…APPELLANTS
(BY SRI. ASHOK A.NAIK, ADVOCATE)
AND:
1. SRI. MOHAN MARUTI INGALE,
AGE : MAJOR, OCC: AGRICULTURE,
R/O: CHINEHALI TQ: RAIBAG,
DIST: BELAGAVI.
(OWNER OF MOTOR CYCLE NO.KA-22/S-9767)
2. THE DIVISIONAL MANAGER ,
NATIONAL INSURANCE COMPANY CO, LTD.,
DIV.OFFICE RAMADEV GALLI, BELAGAVI.
…RESPONDENTS
(BY SRI. RAJESH B. RAJANAL, ADVOCATE FOR R2;
R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 19.03.2010 PASSED IN MVC NO.2688/2007 ON
THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) AND MEMBER,
ADDL. MACT, BELAGAVI, DISMISSING THE PETITION FILED
UNDER SECTION 163-A OF MV ACT.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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MFA No. 24692 of 2011
JUDGMENT
Heard Sri Ashok A.Naik, advocate for appellants and Sri
Rajesh B. Rajanal, advocate for respondent No.2.
2. The present appeal is filed by the unsuccessful claimant in
MVC No.2688/2007 challenging the validity of the judgment
and award dated 19.03.2010 on the file of the Prl. Senior Civil
Judge and Additional MACT, Belgaum.
3. The facts in brief which are utmost necessary for disposal
of the appeal are as under:
A claim petition came to be filed under Section 163A of
the M.V.Act seeking compensation on the ground that the rider
of the motor cycle bearing registration No.KA-22/S-9767 died
in the road traffic accident that occurred on 12.09.2007, within
the limits of Raibag, on Raibag-Bekkeri Road, at about 08.00
pm.
4. Notice of the claim petition was issued and respondent
No.2- Insurance Company of the motor cycle appeared and
toto
denied the claim petition averments in .
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MFA No. 24692 of 2011
5. The Tribunal raised necessary issues and recorded the
evidence of the dependents of the rider of the motor cycle and
relied on seven documentary evidence furnished on behalf of
the claimants and insurance policy Ex.R.1. Tribunal after
quantifying the compensation amount in a sum of
Rs.4,41,500/-, dismissed the claim petition on the ground that
the rider has stepped into the shoes of the owner of the motor
cycle and therefore, Insurance Company is not liable to pay the
compensation.
6. Being aggrieved by the same, claimants are in appeal.
7. Reiterating the grounds urged in the appeal
memorandum, Sri Ashok A.Naik, advocate for the claimants
contended that the Insurance Company be made liable to pay
the compensation at the first instance and recover from the
owner, and sought for allowing the Appeal, contending that the
Tribunal has wrongly dismissed the claim petition, though it has
quantified the compensation in a sum of Rs.4,41,500/-.
8. Per contra, Sri Rajesh B.Rajanal, advocate for respondent
No.2-Insurance Company, supported the impugned judgment
by contending that, in the absence of any extra premium paid
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MFA No. 24692 of 2011
by the owner, the rider who is borrower of the motor cycle from
the first respondent, stepped into the shoes of the original
owner and as such, dismissal of the claim petition is perfectly
justified.
9. Perused the material on record meticulously, in view of
the rival contentions of the parties.
10. On such perusal of the material on record, there is no
dispute that Shivanand Genani died in the road traffic accident
involving motor cycle bearing registration No.KA-22/S-9767.
Though the motorcycle was duly insured, there was no extra
premium paid to cover the personal accident claim. Further,
the deceased had borrowed the motor cycle from first
respondent who is owner of the motor cycle viz., Mohan Maruti
Ingale.
11. In the absence of any extra premium being paid, the
Tribunal came to the conclusion that in a matter of this nature,
in the absence of any extra premium being paid covering the
personal accident claim, the deceased steps into the shoes of
the original owner and therefore, dependents of the deceased
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MFA No. 24692 of 2011
are not entitled to claim compensation for the own fault of the
owner as against the insurer and dismissed the claim petition.
12. Even on re-appreciation of the material on record, this
Court does not find any legal infirmity in dismissing the claim
petition by the Tribunal.
13. Accordingly, the following:
ORDER
dismissed
(i) Appeal is meritless and is accordingly .
(ii)No order as to costs.
Sd/-
JUDGE
kcm
List No.: 1 Sl No.: 39