Karnataka High Court
Somanath S/O Narayan Jadav vs Basavaraj S/O Holeppa Kankali on 2 July, 2024
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NC: 2024:KHC-D:9014
MFA No. 105050 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 105050 OF 2019 (MV-I)
BETWEEN:
SOMANATH S/O. NARAYAN JADAV,
AGE: 25 YEARS, OCC: BUSINESS,
R/O. NAGALINGA NAGAR, MUNAVALLI,
TQ: SAUNDATTI, DIST: BELAGAVI-591126.
...APPELLANT
(BY SRI. G. R. TURAMARI, ADVOCATE)
AND:
1. BASAVARAJ S/O. HOLEPPA KANKALI,
AGE: 37 YEARS, OCC: NOW NIL, R/O. ARTGAL,
TQ: SAUNDATTI, DIST: BELAGAVI-591126.
2. MAIRAJ M. KADAKOL,
AGE: 25 YEARS, OCC: BUSINESS, R/O. MUNAVALLI,
TQ: SAUNDATI, DIST: BELAGAVI-591126.
3. THE REGIONAL MANAGER, NATIONAL INSURANCE
Digitally signed CO. LTD, REGIONAL OFFICE HUBBALLI, THROUGH
by MANJANNA E THE BRANCH MANAGER, NATIONAL
Location: HIGH INSURANCE CO. LTD, BRANCH OFFICE,
COURT OF SAUNDATTI, DIST: BELAGAVI-591126.
KARNATAKA ...RESPONDENTS
(BY SRI. R. N. PATIL, ADV. FOR R1;
SRI. RAJESH B. RAJNAL, ADV. FOR R3;
NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD
PASSED BY THE COURT OF THE PRL. SENIOR CIVIL JUDGE AND
ADDL. MACT, SAUNDATTI, AT: SAUNDATTI IN MVC NO.1147/2017
DATED 09-09-2019 FASTERNING THE LIABILITY ON THE
APPELLANT/OWNER OF THE VEHICLE AND ALLOW THE APPEAL WITH
COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:9014
MFA No. 105050 of 2019
JUDGMENT
Heard learned counsel for the appellant and learned counsel for respondents.
2. The owner of the offending vehicle has filed this appeal to set aside judgment and award dated 09.09.2017 passed by the leaned Principal Senior Civil Judge and Additional MACT, Saundatti in MVC.No.1147/2017, fastening the liability on the appellant-owner of the offending vehicle.
3. The brief facts of the case of the claimant before the Tribunal is as under;
On 19.01.2017 at about 10.30 a.m. the claimant was proceeding in his motorcycle bearing registered No.KA.24/R 6443 on Manavalli-Theggihal road, at that time driver of Alfa pickup van three wheeler bearing registered No.KA.24/7701 owned by the appellant, drove the same in high speed by its driver Narayan L. Rawool lost the control over the said vehicle and dashed to the motorcycle and caused the accident. Due the said impact, the claimant sustained injuries. Hence, he had filed claim petition under Section 166 -3- NC: 2024:KHC-D:9014 MFA No. 105050 of 2019 of MV Act, in MVC.No.1147/2017, the same was disposed on 09.09.2019 fastening the liability on the appellant-owner of the offending vehicle.
4. It is contended that the Tribunal without considering the material evidence and the fact that the driver of vehicle was possessing the driving licence as on the date of accident. Though licence was marked in evidence, but it has not considered in right perspective manner, thus, instead of fastening the liability on the insurance Company, it has fixed the liability on the owner, as if no effective and valid driving licence has been produced by the appellant. Hence, he prayed to allow the appeal.
5. In support of his appeal he has also filed I.A.No.2/2019 under Order XLI Rule 27 of CPC along with certified copy of driving licence of Narayana L.Rswool, the driver of offending vehicle.
6. Perused the original driving licence issued by the Competent Authority.
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NC: 2024:KHC-D:9014 MFA No. 105050 of 2019
7. Learned counsel for the insurance company contended that in connected matters arising out of same accident, the Tribunal has saddled responsibility on the insurance company in MVC.No.1303/2018 disposed of on 15.07.2023 on the file of Principal Senior Civil Judge and Additional MACT, Belagavi and the fact that the certified copy of the driving licence of the driver has been produced as additional document before this Court. Further the Insurance Company has satisfied the award passed in MVC.No.1303/2018 arising out of same accident.
8. Hence, now the Insurance Company cannot give a goby and fastening the liability on the owner of the vehicle. As per the contract of insurance, the insurance company has to indemnify the owner on account of accident caused due to negligence. Since the Tribunal has fastened the liability on the owner and the fact that, the appellant-owner has produced the driving licence of the driver, it is just and necessary to saddle the liability on the Insurance Company, rather than on the appellant-owner.
9. Hence, the appeal deserves to be allowed. -5-
NC: 2024:KHC-D:9014 MFA No. 105050 of 2019
10. The judgment and award passed by the Tribunal is modified to that extent and the liability is saddled upon the Insurance Company.
11. The Insurance Company-respondent No.3 is directed to deposit the entire compensation amount as awarded by the Tribunal in favour of the claimant, within four weeks along with interest as ordered by the Tribunal.
12. The amount deposited by the appellant-owner of the offending vehicle shall be refunded to him on proper identification.
13. In view of the disposal of the appeal, pending applications, if any, do not survive for consideration, accordingly the same are disposed off.
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JUDGE EM/ct-an List No.: 1 Sl No.: 42