Rehman HussaIn Vs. Althaf HussaIn and anr. - Court Judgment |
| Civil |
| Karnataka High Court |
| Dec-02-2003 |
| C.R.C. No. 4/2002 |
| S.R. Nayak and ;Ram Mohan Reddy, JJ. |
| AIR2004Kant172; ILR2004KAR239; 2004(2)KarLJ361 |
| Karnataka Civil Rules of Practice, 1967 - Rule 60(2); Code of Civil Procedure (CPC), 1908 - Sections 113 and 151 - Order 16, Rule 1, 1A, 1(1) and 1(3) |
| Rehman Hussain |
| Althaf HussaIn and anr. |
| M.V. Raghunatha Char, Adv. |
.....jj] appeal by insurer - tribunal fastening liability on insurer to pay the compensation p.w-1 injured claimant was an agent of pw-2 travelling in the tempo which was hired for transporting fish from malpe to calicut - evidence totally unchallenged by the insurer - held, the tribunal has rightly believed the said evidence of p.ws. 1 to 3 which clearly established the fact that the said tempo was hired by p.w -2 who was doing business in fish at calicut and that the injured p.w.1 being the agent of p.w.2 and also the cleaner-cum-loader in the said tempo who were travelling in the said tempo for the purpose of transporting the fish from malpe to calicut, which were to be purchased at malpe. this being so, the tribunal was quite justified in fastening the liability on the insurer to pay compensation awarded in favour of both the said injured claimants. compensation of rs.11,26,100/- by the tribunal was enhanced to rs.15,46,100/- with interest at 6% p.a. order 16, rule 1, 1a -- reference on the point whether application seeking permission of the court to file list of witnesses after 15 days from the date of settlement of issues maintainable and whether rule 60(2) kcrp is violative or ultra vires order 16 rule 1 cpc. court held that such application can be entertained and maintainable and rule 60(2) of kcrp is intra vires order 16 rule (1) of cpc.
ORDER
16, RULE 1, 1A -- Reference on the point whether application seeking permission of the Court to file list of witnesses after 15 days from the date of settlement of issues maintainable and whether Rule 60(2) KCRP is violative or ultra vires Order 16 Rule 1 CPC. Court held that such application can be entertained and maintainable and Rule 60(2) of KCRP is intra vires Order 16 Rule (1) of CPC.