1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
M.F.A.NO.748 OF 2019 (MV-I)
BETWEEN
RELIANCE GENERAL INSURANCE
COMPANY LIMITED
EAST WING, 5TH FLOOR
NO.28, CENTENARY BUILDING
M.G. ROAD
BENGALURU - 560 001
NOW REPRESENTED BY
MANAGER LEGAL
...APPELLANT
(BY SRI. ASHOK N. PATIL, ADVOCATE)
AND
1. RAMAKKA
W/O RAMAKRISHNAPPA B.M.
AGED ABOUT 68 YEARS
R/AT GANDHINAGAR
YALAHANKA
BENGALURU
2. LOKESH S/O VALLEPU
NO.107, 3/1, HOSABEEDI
YALAHANKA, BENGALURU NORTH
BENGALURU - 560 064
...RESPONDENTS
THIS APPEAL IS FILED UNDER SECTIION 173(1) OF THE MV
ACT AGAINST THE JUDGMENT AND AWARD DATED 29.08.2018
PASSED IN MVC NO.4257/2016 ON THE FILE OF THE 2ND
ADDITIONAL JUDGE & XXVIII ACMM, COURT OF SMALL CAUSES,
MACT, BENGALURU (SCCH-13), AWARDING COMPENSATION OF
2
RS.3,17,591/- WITH INTEREST AT 6% P.A. FROM THE DATE OF
PETITION TILL THE DEPOSIT.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the Insurance Company is directed against the impugned judgment and award dated 29.08.2018 passed by the Motor Vehicles Accident Claims Tribunal, Bengaluru in MVC No.4257/2016, whereby the Tribunal has allowed the claim petition filed by respondent No.1-claimant and awarded compensation in a sum of Rs.3,17,591/- together with interest at 6% p.a. towards injuries sustained by the claimant in a road traffic accident that occurred on 02.05.2016.
2. By the impugned judgment and award, the Tribunal allowed the claim petition and directed the Insurance Company to pay compensation in favour of the claimant by reserving liberty in favour of the Insurance Company to recover the compensation from respondent No.2-Owner by invoking the principle of 'Pay and Recover'. 3
3. I have heard learned counsel for the appellant and perused the material on record.
4. In addition to re-iterating the various grounds and contentions urged in the memorandum of appeal and referring to the material on record, learned counsel for the appellant submits that the Tribunal committed an error in directing the Insurance Company to pay compensation in favour of the claimant without appreciating that the Driver/Owner of the offending vehicle did not possess a valid Driving Licence as on the date of the accident. It is submitted that the Tribunal has not correctly and properly appreciated the material on record resulting in the erroneous impugned judgment and award passed by the Tribunal which warrants interference by this Court.
5. The question with regard to the liability of the Insurance Company to pay compensation in favour of the claimant in the first instance by reserving liberty in favour of the Insurance Company to recover the same from the owner 4 by invoking the principle of 'Pay and Recover' if there was breach of terms and conditions of the Insurance Policy including absence of valid and effective Driving Licence is no longer res-integra in the light of the decision of 'New India Assurance Company Limited, Bijapur Vs. Yallavva & Another', - ILR 2020 KAR 2239.
6. Under these circumstances, I am of the considered opinion that the Tribunal was justified in allowing the claim petition directing the Insurance Company to pay compensation by reserving liberty to recover the same from the Owner by invoking the principle of 'Pay and Recover'.
Under these circumstances, I do not find any merit in the appeal. Accordingly, the same is hereby dismissed.
The amount in deposit is directed to be transferred to the Tribunal for disbursement.
Sd/-
JUDGE Mds.