Sri V P Raghavan vs Sri Ayub @ Ayub Khan
2021 Latest Caselaw 1138 Kant

                                            MFA 6806/2014

                          1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 18th DAY OF JANUARY, 2021

                       BEFORE:

      THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

              M.F.A.NO.6806/2014 (MV - I)

BETWEEN:

SRI. V.P.RAGHAVAN,
S/O. MR.KUMAR,
AGED ABOUT 54 YEARS,
R/AT NO.84-85, KALASIPALAYAM MAIN ROAD,
OPP.KALASIPALAYAM BUS STAND,
BANGALORE - 560 002.                  ... APPELLANT

(BY SRI. JAGADISH.D. HIREMATH, ADV.)

AND:

1.     SRI. AYUB @ AYUB KHAN,
       SON OF LATE SULEMAN KHAN,
       AGED 37 YEARS, R/AT NO.175,
       KAMAL BUILDING, MODERN LAYOUT,
       2ND CROSS, NEAR ANAND THEATRE,
       DEVARAJEEVANAHALLI,
       BANGALORE - 560 045.

2.     M/S RELIANCE GENERAL INSURANCE CO. LTD.,
       FIRST FLOOR ADITHYA TOWER,
       OPP. CIVIL STATION, KANNUR - 670 002.
       KERALA STATE.                ... RESPONDENTS

(BY SMT. NETHRAVATHI.K., ADV. FOR R-1,
  SRI. B.PRADEEP, ADV FOR R-2)


     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:07.07.2014
                                                     MFA 6806/2014

                                 2


PASSED IN MVC NO.1882/2012 ON THE FILE OF THE XIX
ADDITIONAL SCJ & MACT, BANGALORE, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

     THIS MFA IS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-

                         JUDGMENT

1. The owner, being aggrieved by the saddling of liability

on him, is in appeal.

2. In respect of an accident which occurred when the

bus bearing registration No.KA-01-AA-2793, while traveling

in reverse hit the claimant resulting in grievous injuries to

the claimant's left leg, the claim petition was preferred.

3. The Tribunal on assessing the evidence produced

before it came to the conclusion that the accident did occur

on 27.05.2011 when the bus while traveling in reverse, hit

the claimant, resulting in grievous injuries to the claimant.

The Tribunal, thereafter, proceeded to hold that the

claimant was entitled to a total compensation of

Rs.2,47,900/-. However, the Tribunal on the question of

liability, came to the conclusion that it had not been

established that the driver of the bus had a driving license MFA 6806/2014

and it, therefore, proceeded to saddle the liability on the

owner.

4. The owner-appellant in this appeal has filed an

application for production of additional evidence. Along with

the application, the appellant has produced the certified

copy of the driving license of the driver of the bus. The

certified copy issued by the Government of Kerala,

indicates that Akhatar Hussain possessed driving license to

drive heavy passenger motor vehicle as well as heavy

goods motor vehicle and the license was valid at the time of

accident i.e., 27.05.2011. Since the application for

additional evidence seeks to produce a vital document, the

said application is allowed.

5. In view of the production of driving license, the award

of the Tribunal exonerating the liability on the Insurance

Company cannot be upheld. Consequently, the award of the

Tribunal in so far as it relates to exonerating the liability on

the Insurance Company is set aside and the Insurance

Company is made liable to satisfy the compensation MFA 6806/2014

awarded by the Tribunal. The award is accordingly

modified. Consequently, the appeal is allowed in part.

6. The amount, if any, deposited by the owner-appellant

shall be refunded to him.

Sd/-

JUDGE KK