Smt.Parvathi W/O Chandrakant ... vs Sutar S/O Badasha Sahik And Anr
2021 Latest Caselaw 3139 Kant

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        IN THE HIGH COURT OF KARNATAKA
               KALABURAGI BENCH

     DATED THIS THE 12TH DAY OF AUGUST, 2021

                     BEFORE

 THE HON'BLE MR.JUSTICE NATARAJ RANGASWAMY

          MFA No.200558/2015 (MV)
                    C/W
MFA NO.200557/2015 & MFA NO.201585/2015 (MV)

MFA NO.200558/2015

BETWEEN

1.   SMT.PARVATHI W/O CHANDRAKANT JAGADALE
     AGE: 43 YEARS, OCC:HOUSE HOLD WORK,
     R/O NEAR APSARA TALKIES,
     SUNGAR GALLI, VIJAYPUR

2.   KRISHANABAI D/O CHANDRAKANT JAGADALE
     AGE: 24 YEARS, OCC:STUDENT,
     R/O NEAR APSARA TALKIES,
     SUNGAR GALLI, VIJAYPUR

3.   KHANDOBA S/O CHANDRAKANT JAGADALE
     AGE: 14 YEARS, OCC:STUDENT,
     R/O NEAR APSARA TALKIES,
     SUNGAR GALLI, VIJAYPUR
     SINCE APPELLANT NO.3 IS MINOR
     REPRESENTED BY HIS NEXT
     FRIEND/NATURAL MOTHER
     APPELLANT NO.1
                                   ...APPELLANTS

(BY SRI SHIVASHANKAR H. MANUR, ADVOCATE)
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AND

1.    SUTAR S/O BADASHA SAHIK
      AGE: 49 YEARS, OCC:BUSINESS,
      R/O WARD NO.5, SHAHAPETH GALLI,
      VIJAYAPUR

2.    THE BRANCH MANAGER
      THE ORIENTAL INSURANCE CO.LTD.,
      S S FRONT ROAD, VIJAYAPUR
                                     ...RESPONDENTS

(BY SMT. SUMITRA H., ADVOCATE FOR R2;
APPEAL AGAISNT R1 DISMISSED)

   THIS MFA IS FILED U/S. 173(1) OF MV ACT, BY THE
ADVOCATE FOR APPELLANT PRAYING THAT THIS HON BLE
COURT TO CALL FOR THE RECORDS IN MVC NO. 491/2010
ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.V VIJAYPUR AND SET
ASIDE THE JUDGMENT AND AWARD DATED 22.12.2014,
PASSED BY THE PRL. SENIOR CIVIL JUDGE AND MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.V VIJAYPUR, IN MVC NO-
491/2010 AND TO ENHANCE THE COMPENSATION
AMOUNT BY SUITABLY MODIFYING THE SAME.

MFA 200557/2015


BETWEEN


KHANDOBA S/O CHANDRAKANT JAGADALE
AGE: 13 YEARS, OCC:STUDENT,
R/O NEAR APSARA TALKIES,
SUNGAR GALLI, VIJAYPUR

SINCE APPELLANT IS MINOR
REPRESENTED BY HIS NEXT FRIEND/
NATURAL MOTHER SMT.PARVATI
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W/O. CHANDRAKANT JAGADALE
AGE: 43 YEARS, OCC: HOUSEHOLD WORK
R/O. NEAR APSARA TALKIES
SUNGAR GALLI, VIJAYAPUR
                                         ...APPELLANT

(BY SRI SHIVASHANKAR H. MANUR, ADVOCATE)

AND

1.    SUTAR S/O BADASHA SAHIKH
      AGE: 49 YEARS, OCC:BUSINESS,
      R/O WARD NO.5, SHAHAPETH GALLI,
      VIJAYAPUR

2.    THE BRANCH MANAGER,
      THE ORIENTAL INSURANCE CO. LTD.,
      S S FRONT ROAD, VIJAYPUR
                                    ...RESPONDENTS

(BY SRI SUDARSHAN M., ADVOCATE FOR R2;
APPEAL AGAINST R1 DISMISSED)

     THIS MFA FILED U/S. 173(1) OF MV ACT, BY THE
ADVOCATE FOR APPELLANT PRAYING THAT THIS HON BLE
COURT TO CALL FOR THE RECORDS IN MVC NO- 492/2010
ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND
MOTOR ACCIDENT CLAIMS TRIBUNAL NO.V VIJAYPUR. SET
ASIDE THE JUDGMENT AND AWARD DATED 22.12.2014
PASSED BY THE PRL. SENIOR CIVIL JUDGE AND MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.V VIJAYPUR, IN MVC NO-
492/2010   AND   TO   ENHANCE   THE   COMPENSATION
AMOUNT BY SUITABLY MODIFYING THE SAME.
                           4




MFA 201585/2015


BETWEEN


GIRAPPAGOUDA S/O CHANNAPPAGOUDA BIRADAR
AGE:55 YEARS, OCC:HAMAL (PRESENT NILL),
R/O BOMBAL AGASI, INDI ROAD,
VIJAYAPUR - 586101
                                        ...APPELLANT

(BY SRI SANGANABASAVA B. PATIL, ADVOCATE)

AND

1.    SUTAR S/O BADASHA SHAIKH
      AGE:50 YEARS, OCC:BUSINESS,
      R/O WARD NO.5, SHAHAPETH GALLI,
      VIJAYAPUR - 586101

2.    THE BRANCH MANAGER,
      ORIENTAL INSURANCE
      CO. LTD., S S FRONT ROAD,
      VIJAYAPUR - 586101
                                       ...RESPONDENTS

(BY SRI SUMITRA H., ADVOCATE FOR R2)


   THIS MFA IS FILED U/S. 173(1) OF MV ACT, BY THE
ADVOCATE FOR APPELLANT PRAYING THAT THIS HON BLE
COURT MAY BE PLEASED TO- CALL FOR THE RECORDS
AND SET ASIDE THE JUDGMENT AND AWARD PASSED BY
THE PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR
ACCIDENT CLAIMS TRIBUNAL No.V, VIJAYAPUR, IN MVC
No.2105/2009 DATED 22.12.2014 BY MODIFYING THE
IMPUGNED ORDER AND ALLOW THE CLAIM PETITION BY
GRANTING THE RELIEF AS PRAYED FOR BY THE
APPELLANT, IN THE INTEREST OF JUSTICE AND EQUITY.
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     THESE APPEALS COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:-

                         JUDGMENT

These appeals are filed by the claimants challenging

the liability imposed on the owner of the offending vehicle

to pay the compensation awarded by the Principal Senior

Civil Judge and MACT-V at Vijayapur (henceforth referred

as 'Tribunal') by its common judgment and award dated

22.12.2014 in MVC Nos.2105/2009, 491/2010 and

492/2010.

2. The claim petitions disclose that the injured

claimants and the deceased were all pedestrians. On

16.11.2008, a lorry bearing registration No.KA-29/3022

was driven in a rash and negligent manner and the driver

lost control and dashed against the injured claimants and

the deceased resulting in extensive injuries. The injured

claimants and deceased were shifted to hospital as they

had suffered grievous injuries. Therefore, claim petitions

were filed under Section 166 of the Motor Vehicle Act. The

Tribunal after conducting trial, passed a common judgment

and award, awarding compensation to each of the

claimants. In so far as the liability to pay the

compensation is concerned, the Tribunal noticed that the

driver of the offending vehicle was not authorized to drive

the vehicle and therefore, the Tribunal fastened the liability

to pay the compensation on the owner of the offending

vehicle.

3. Being aggrieved by the liability fixed on the

owner of the offending vehicle and alleging that the

claimants were unable to recover the compensation from

the owner of the offending vehicle, the present appeals are

filed.

4. The learned counsel for the

appellants/claimants contended that the question whether

the insurer is exonerated from the liability to pay the

compensation on the ground that the driver of the

offending vehicle did not possess valid licence on the date

of the accident, is fully answered by the Apex Court in the

case of Pappu Deo Yadav vs. Naresh Kumar and

others, 2020 SCC OnLine SC 752. He further

contended that the Full Bench of this Court in the case of

New India Assurance Co. Ltd., vs. Yallavva and

Another [2020 (2) KCCR 1405 (FB)] has also

circumscribed the circumstances under which the insurer

can be directed to pay and recover the compensation from

the owner of the vehicle in question.

5. The learned counsel for the insurer did not

dispute the law as declared by the Apex Court in the case

of Pappu Yadav (Supra) as well as the Full Bench of this

Court in the case of Yallavva (Supra).

6. Since it is seen that the Tribunal had awarded

excessive interest at the rate of 8% per annum, in view of

the law laid down by the Apex Court in the case of

National Insurance Company Ltd., vs. Dipanjali

Singh, dated 19.02.2020, the interest awarded by the

Tribunal is reduced to 6% per annum from the date of

claim petition till the date of realization.

7. In that view of the matter, these appeals are

allowed. The common judgment and award passed by the

Tribunal fastening the liability to pay the compensation on

the owner of the offending vehicle is modified and it is

declared that the insurer of the offending vehicle shall pay

the compensation awarded by the Tribunal in MVC

No.2105/2009, 491/2010 and 492/2010 along with

interest at 6% per annum from the date of claim petition

till realization. The insurer shall be entitled to recover the

compensation from the owner of the offending vehicle.

The insurer shall deposit the compensation amount

within a period of one month from the date of receipt of a

certified copy of this judgment.

Sd/-

JUDGE

Srt