The New India Assurance Co. Ltd. Vs. State of Karnataka and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1143932
CourtKarnataka High Court
Decided OnMar-28-2014
Case NumberCriminal Petition No. 2032 of 2010
JudgeTHE HONOURABLE MR.JUSTICE PRADEEP D. WAJNGANKAR
AppellantThe New India Assurance Co. Ltd.
RespondentState of Karnataka and Another
Excerpt:
(prayer: this criminal petition is filed under section 482 cr.p.c. praying to quash the proceedings in c.c. no.25/2010 on the file of prl. c.j. (jr.dn.) and jmfc., kolar.) 1. petitioner-the new india assurance company ltd., has filed this petition under section 482 of cr.p.c. to quash the proceeding in c.c.no.25/2010 on the file of the principal civil judge, junior division and jmfc, kolar. one j.v. srinivas fell down from a bike on 25.10.2009 at about 11.00 am near beechagondahalli gate, near kaiwara, kolar district. it was a case of self fall from the bike. one j.v. narayanaswamy, the brother of the victim filed a complaint on 30.10.2009 in connection with the said incident before vemagal police station in kolar district, within whose jurisdiction the said incident occurred. 2. the complaint reads as under:(œlanguage?) 3. on the strength of the complaint given by j.v. narayanaswamy, vemagal police registered a case in crime no.212/2009 for the offences punishable under sections 279, 337, 304-a of ipc against one nandakumar, the rider of the motorcycle bearing reg.no.ka-53-h-9150, wherein the brother of the complainant j.v. srinivasa was proceeding at the time of the incident. though the brother of the complainant died on account of self fall from the bike, the complaint was given alleging that on account of rash and negligent riding of the rider of the motorcycle-nandakumar, the accident occurred wherein the brother of the complainant sustained grievous injuries to which he died in the shekar hospital while undergoing treatment and the rider nandakumar sustained simple injuries. in due course of time, the rider-nandakumar also died. it appears that the claim petition claiming compensation is filed by the legal heirs of the deceased-j.v. srinivasa, who died in the said accident. the motorcycle was insured by the petitioner at the relevant point of time. since the injury sustained by j.v. srinivasa and his death is on account of fall from the motorcycle, a criminal case has been registered just to get compensation and to dupe the insurance company, that is why the petitioner-insurance company has filed this petition to quash the proceeding. 4. i have heard the learned counsel for the petitioner and the learned additional state public prosecutor for respondent no.i. perused the records. 5. it is seen from the copy of the accident register extract of kolar hospital where immediately after accident j.v.srinivasa was taken for treatment, the history is shown "that on 25.10.2009 at about 12.10 pm, j.v. srinivasa was admitted in the r.l.jalappa hospital at kolar. the history in the accident register is recorded as patient attender gives alleged history of road traffic accident due to self fall from bike on 25.10.2009 at 11.00 a.m. at beechganahalli village near kaiwara. patient is conscious, not oriented, irritable." thus, when he was taken to the hospital the history furnished at the earliest point of time is road traffic accident due to self fall from bike. but if we go by the complaint, while deceased was proceeding on a motorcycle on account of rash and negligent riding of motorcycle by nandakumar, the accident occurred and both of them sustained injuries and while undergoing treatment, j.v. srinivasa died. it is submitted during the course of arguments that the rider of the motorcycle against whom die police filed charge-sheet also died and therefore the case abated. 6. the apprehension of the insurance company is that on the strength of the crime registered by the police and the fir and the charge-sheet in the said crime, a claim petition is filed claiming compensation on account of death of j.v.srinivasa. if, for any reason, the compensation is awarded, it is the insurance company ultimately liable to pay the compensation in view of contract of insurance. that is why, to quash the criminal proceedings, this petition is filed. one tiling is evident that the deceased died in a road traffic accident. whether the accident occurred on account of self fail or on account of rash and negligent driving of the motorcycle by nandakumar, is a matter of evidence before the mact. admittedly, the owner of the motorcycle has not fiied any petition to quash the proceeding. the contract between the insurance company and trie owner is a contract of indemnity. it is only in case if the award is passed against the owner, the insurance company is liable to satisfy the award. merely because the history shown in the accident register as self fall, at this stage, it cannot be said that the criminal proceeding initiated against the rider of the motorcycle are false. under such circumstances, the question of quashing the proceeding does not arise. moreover, the accused against whom charge-sheet filed said to have died. the insurance company is not a party to the criminal proceeding and therefore, it cannot be said that the proceeding initiated in c.c.no.25/2020 on the file of the principal civil judge, junior division and jmfc, kolar, is an abuse of process of law. 1 do not find merit in this petition. hence, i pass the following order. criminal petition is dismissed.
Judgment:

(Prayer: This Criminal Petition Is Filed Under Section 482 Cr.P.C. Praying To Quash The Proceedings In C.C. No.25/2010 On The File Of Prl. C.J. (Jr.Dn.) and Jmfc., Kolar.)

1. Petitioner-the New India Assurance Company Ltd., has filed this petition under Section 482 of Cr.P.C. to quash the proceeding in C.C.No.25/2010 on the file of the Principal Civil Judge, Junior Division and JMFC, Kolar. One J.V. Srinivas fell down from a bike on 25.10.2009 at about 11.00 am near Beechagondahalli gate, near Kaiwara, Kolar District. It was a case of self fall from the bike. One J.V. Narayanaswamy, the brother of the victim filed a complaint on 30.10.2009 in connection with the said incident before Vemagal Police Station in Kolar District, within whose jurisdiction the said incident occurred.

2. The complaint reads as under:

(œLanguage?)

3. On the strength of the complaint given by J.V. Narayanaswamy, Vemagal Police registered a case in Crime No.212/2009 for the offences punishable under Sections 279, 337, 304-A of IPC against one Nandakumar, the rider of the motorcycle bearing Reg.No.KA-53-H-9150, wherein the brother of the complainant J.V. Srinivasa was proceeding at the time of the incident. Though the brother of the complainant died on account of self fall from the bike, the complaint was given alleging that on account of rash and negligent riding of the rider of the motorcycle-Nandakumar, the accident occurred wherein the brother of the complainant sustained grievous injuries to which he died in the Shekar Hospital while undergoing treatment and the rider Nandakumar sustained simple injuries. In due course of time, the rider-Nandakumar also died. It appears that the claim petition claiming compensation is filed by the legal heirs of the deceased-J.V. Srinivasa, who died in the said accident. The Motorcycle was insured by the petitioner at the relevant point of time. Since the injury sustained by J.V. Srinivasa and his death is on account of fall from the motorcycle, a criminal case has been registered just to get compensation and to dupe the Insurance Company, That is why the petitioner-Insurance Company has filed this petition to quash the proceeding.

4. I have heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for respondent No.i. Perused the records.

5. It is seen from the copy of the Accident Register Extract of Kolar hospital where immediately after accident J.V.Srinivasa was taken for treatment, the history is shown "that on 25.10.2009 at about 12.10 pm, J.V. Srinivasa was admitted in the R.L.Jalappa Hospital at Kolar. The history in the accident register is recorded as patient attender gives alleged history of road traffic accident due to self fall from bike on 25.10.2009 at 11.00 a.m. at Beechganahalli village near Kaiwara. Patient is conscious, not oriented, irritable." Thus, when he was taken to the hospital the history furnished at the earliest point of time is road traffic accident due to self fall from bike. But if we go by the complaint, while deceased was proceeding on a motorcycle on account of rash and negligent riding of motorcycle by Nandakumar, the accident occurred and both of them sustained injuries and while undergoing treatment, J.V. Srinivasa died. It is submitted during the course of arguments that the rider of the motorcycle against whom die police filed charge-sheet also died and therefore the case abated.

6. The apprehension of the Insurance Company is that on the strength of the crime registered by the police and the FIR and the charge-sheet in the said crime, a claim petition is filed claiming compensation on account of death of J.V.Srinivasa. If, for any reason, the compensation is awarded, it is the Insurance Company ultimately liable to pay the compensation in view of contract of insurance. That is why, to quash the criminal proceedings, this petition is filed. One tiling is evident that the deceased died in a road traffic accident. Whether the accident occurred on account of self fail or on account of rash and negligent driving of the motorcycle by Nandakumar, is a matter of evidence before the MACT. Admittedly, the owner of the motorcycle has not fiied any petition to quash the proceeding. The contract between the Insurance Company and trie owner is a contract of indemnity. It is only in case if the award is passed against the owner, the Insurance Company is liable to satisfy the award. Merely because the history shown in the accident register as self fall, at this stage, it cannot be said that the criminal proceeding initiated against the rider of the motorcycle are false. Under such circumstances, the question of quashing the proceeding does not arise. Moreover, the accused against whom charge-sheet filed said to have died. The Insurance Company is not a party to the criminal proceeding and therefore, it cannot be said that the proceeding initiated in C.C.No.25/2020 on the file of the Principal Civil Judge, Junior Division and JMFC, Kolar, is an abuse of process of law. 1 do not find merit in this petition. Hence, I pass the following order.

Criminal Petition is dismissed.