Karnataka High Court
Smt. Manikyamma And Anr vs B. Mallikarjun S/O B. Basavaraju And Ors on 29 July, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5423
MFA No. 200736 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.200736 OF 2020 (MV-D)
BETWEEN:
1. SMT. MANIKYAMMA W/O LATE YANKAPPA,
AGE: 44 YEARS, OCCU: HOUSEHOLD,
2. SMT. USHANTAMMA D/O LATE YANKAPPA
AGE: 26 YEARS, OCCU: HOUSEHOLD,
BOTH R/O: H.NO. 2-56,
VILLAGE LOKURTHY,
DAMARAGIDDA MANDAL,
DIST: MAHEBOOBNAGAR,
ANDHRA PRADESH,
NOW RESIDING AT KADDARGI,
TQ: CHITTAPUR, DIST: KALABURAGI.
Digitally signed
by RENUKA ...APPELLANTS
Location: HIGH (BY SRI SANJEEV PATIL, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. B. MALLIKARJUN S/O B. BASAVARAJU,
AGE: MAJOR, OCCU: BUSINESS,
OWNER OF TEMPO TRAX TOOFAN
JEEP NO. AP.22 W.7047
(AS PER INSURANCE POLICY),
R/O: H.NO. 7-142, KOTHAKOTA,
MAHABUBNAGAR,
ANDHRA PRADESH.
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MFA No. 200736 of 2020
2. NARASIMALU S/O HANAMAPPA,
AGE: MAJOR, OCCU: BUSINESS,
OWNER OF TEMPO TRAX TOOFAN
JEEP NO. AP.22 W.7047
(AS PER R.C. EXTRACT),
R/O: H.NO. E-53, MUDHOL,
TQ: SEDAM, DIST: KALABURAGI 585 222.
3. BAJAJ ALLIANZ GENERAL INS. CO. LTD.,
4TH FLOOR, V.A. KALBURAGI MANSION,
OPP: MUNICIPAL CORPORATION,
LAMINGTON ROAD, HUBLI-580020,
REPRESENTED BY ITS AUTHORIZED OFFICER.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R3;
R1- SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
ALLOW THIS APPEAL AND AWARD COMPENSATION OF
RS.15,00,000/- (EXCLUDING THE AMOUNT AWARDED BY THE
TRIBUNAL) ALONG WITH INTEREST @ 12% P.A. BY
MODIFYING THE JUDGMENT AND AWARD PASSED BY LEARNED
SENIOR CIVIL JUDGE AND MACT-XV, CHITTAPUR DATED
18.01.2020 IN MVC NO.221/2016 BY FIXING THE ENTIRE
LIABILITY OF PAYING COMPENSATION ON RESPONDENT NO.3
INSTEAD OF FIXING ON RESPONDENT NO.2
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
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MFA No. 200736 of 2020
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. It is noticed that respondent No.2 was placed ex-parte before the Court below. Further more having regard to the question involved in this appeal, notice to respondent No.2 would be un-necessary.
2. The tribunal by the impugned award has awarded a compensation of Rs.8,80,000/- for the death of Yankappa. The tribunal has however made the owner of the offending vehicle responsible and liable for the accident on the ground that the driver of the offending vehicle did not have valid and effective driving license.
3. It is settled law that if the Insurance Company were to plead that there is a breach of the terms of policy conditions, the only option available to the Insurance Company would be to satisfy the compensation and thereafter proceed to recover from the owner of the offending vehicle.
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4. In this case, since admittedly the plea and the findings of the Tribunal is that the driver of the offending vehicle did not have a valid and effective driving license, the Tribunal ought to have directed the Insurance Company to satisfy the award and thereafter granted liberty to is to recover the compensation from the owner of the offending vehicle.
5. In that view of the matter, the award of the tribunal is modified only to the extent of directing the Insurance Company i.e. respondent No.3 to satisfy the compensation and thereafter proceed to recover the amount from the owner of the offending vehicle i.e. respondent No.2 herein.
Accordingly, the appeal is allowed in part.
Sd/-
(N.S.SANJAY GOWDA) JUDGE MSR List No.: 1 Sl No.: 16 CT: VD