Mr P V Srinnivasaiah vs Mrs Kenchamma
2021 Latest Caselaw 812 Kant

                                             MFA 5410/2015

                                 1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 13TH DAY OF JANUARY, 2021

                            BEFORE:

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

                 M.F.A.NO.5410/2015 (MV-D)

BETWEEN:

Mr. P.V.Srinnivasaiah,
S/o Venkataramanappa,
R/at Sarjapura Village & Post,
Anekal Taluk,
Bangalore South,
Bangalore-562 125.                       ...APPELLANT

(By Sri A.Srikanth, Adv.)

AND:

1.     Mrs. Kenchamma,
       W/o Late Pandurangappa,
       Aged about 35 years,
       R/at No.29, Lingada Halli,
       Sira, Tumkur-572 137.

2.     Mr. B.Ranganathappa,
       S/o Bhimanna,
       Aged about 63 years,
       R/at No.29, Lingada Halli,
       Sira, Tumkur-572 137.

3.     Mrs. Thimmakka,
       W/o B.Ranganathappa,
       Aged about 56 years,
       R/at No.29, Lingada Halli,
       Sira, Tumkur-572 137.
                                                    MFA 5410/2015

                                2


4.    United India Insurance Company Ltd.,
      No.40, Lakshmi Complex,
      K.R.Road, Bangalore-560 002.         ...RESPONDENTS

(By Sri D.S.Sridhar, Adv. for R1 to R3;
    Sri Puttige R.Ramesh, Adv. for R4)

      THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 18.08.2014
PASSED IN MVC NO.7196 /2012 ON THE FILE OF THE XX
ADDITIONAL SMALL CAUSE JUDGE, MEMBER, MACT,
BANGALORE, AWARDING COMPENSATION OF RS.6,40,000/-
WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION
TILL REALIZATION.

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

                           JUDGMENT

1. This appeal is by the owner of the vehicle

questioning the fastening of the liability on him.

2. In a motor vehicle accident which occurred on

18.06.2012, one Pandurangappa died, which resulted in

the filing of the claim petition.

3. The fact that the accident occurred and the fact that

the vehicle was insured was not in dispute.

4. The Tribunal after assessing the evidence, recorded

a finding that the accident did occur due to rash and MFA 5410/2015

negligent driving of the driver of the bus and the Tribunal

proceeded to determine that the claimants were entitled

to a sum of Rs.6,40,000/- as compensation.

5. As regards the liability, the Tribunal held that since

the bus did not have a route permit to travel on the route

in which the accident occurred, the Insurance Company

could not be made liable. In other words, the Insurance

Company was exonerated of its liability on the ground

that there was breach of policy conditions.

5. It is now settled law that breach of policy conditions

by itself will not enable the Insurance Company to

absolve itself of its liability. The law as enunciated in the

case of RANI & OTHERS VS NATIONAL INSURANCE

COMPANY LIMITED & OTHERS - (2018)8 SCC 492,

requires that the Insurance Company pay the

compensation to the claimants, and thereafter, proceed

to recover the same from the owner of the vehicle. In

accordance with this settled position of law, it would be

necessary to modify the award of the Tribunal in so far as MFA 5410/2015

it relates to the saddling of the liability on the owner. The

Insurance Company shall now satisfy the award, and

thereafter, recover the same from the owner of the

vehicle in accordance with law.

6. In the result, this appeal is disposed of. The

judgment and award of the Tribunal is modified to the

above extent. The amount, if any, deposited before this

Court shall be transferred to the Insurance Company.

The Insurance Company is directed to deposit the award

amount within eight weeks.

Sd/-

JUDGE

KK