Karnataka High Court
The Divisional Manager vs Bambadeppa S/O Hanumappa ... on 7 July, 2021
Author: P.Krishna Bhat
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7TH DAY OF JULY 2021
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
MFA NO.21092 OF 2009
BETWEEN:
THE DIVISIONAL MANAGER
THE ORIENTAL INSURANCE CO. LTD.
DIVISIONAL OFFICE
ENKAY COMPLEX
KESHWAPUR, HUBLI
NOW REPRESENTED BY ITS
ASSISTANT MANAGER
ORIENTAL INSURANCE CO. LTD.
REGIONAL OFFICE, SUMANGALA COMPLEX
LAMINGTON ROAD, HUBLI.
...APPELLANT
(BY SRI. G.N. RAICHUR, ADVOCATE)
AND:
1. BAMBADEPPA
S/O. HANUMAPPA CHINCHAPPANAVAR
AGE : 52 YEARS, R/O. MAGOD
TQ : RANEBENNUR
DIST. HAVERI.
2. SMT. MARIYAWWA
W/O. BAMBADEPPA CHINCHAPPANAVAR
AGE : 47 YEARS, R/O. MAGOD
TQ : RANEBENNUR
DIST. HAVERI.
3. ABDUL KHAYUM S/O. ABDUL GANISAB NANDIHALLI
2
SINCE DECEASED BY HIS LR
SMT. NASIMABANU
W/O. ABDEUL KHAYUM NANDIHALLI
AGE : MAJOR, R/O. MARUTI NAGAR
RANEBENNUR, DIST. HAVERI.
...RESPONDENTS
( NOTICE TO R.1 TO R.3 IS SERVED BUT UNREPRESENTED.)
THIS APPEAL IS FILED UNDER SECTION 30(1) OF WORKMEN'S
COMPENSATION ACT, 1923, PRAYING TO CALL FOR THE RECORDS, HEAR
THE PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING
ASIDE THE JUDGMENT AND ORDER DATED 15.10.2008 PASSED BY THE
LABOUR OFFICER AND COMMISSIONER FOR WORKMEN'S
COMPENSATION, HAVERI, IN WCA F NO.120/2007 WITH COSTS IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
In this appeal at the instance of the insurer, only ground
urged against the legality and validity of the award dated
15.10.2008 in WCA F No.120/2007 passed by the learned Labour
Officer and Commissioner for Workmen's Compensation, Haveri,
being that the driver cum owner who was driving the lorry at the
time of the accident was not in possession of valid and effective
driving licence and therefore, appellant is not liable to reimburse
the compensation.
2. The facts in brief are that, one Durgappa was working as
cleaner in lorry bearing registration No.KA- 25/A-6233
owned by respondent No.1 before the learned
Commissioner and insured with the appellant herein.
3. On 13.09.2006 while the deceased was proceeding
in the lorry as 'hamali', it met with an accident and he
died on account of the injuries sustained. In connection
with the accident a case in Crime No. 112/2006 was
registered.
4. The learned Commissioner upon enquiry answered
the points arising for consideration in favour of the
claimants and against the appellant and awarded a
compensation of Rs.3,70,235/- with interest thereon at
12% p.a.
5. In regard to the contention of the learned counsel
Sri. G.N.Raichur, appearing for the appellant - Insurance
Co. that since the driver of the lorry - Abdul Khayum was
not in possession of valid and effective driving licence at
the time of the accident and there is material violation of
the terms of the policy condition and, therefore, appellant
is not liable to reimburse the compensation is concerned,
Ex.P.13 which is the endorsement issued by the Transport
Department shows that as on the date of the accident, the
driving licence of the respondent No.1 had expired. It is
obvious that there is violation of the terms of the policy
and therefore, principle of 'pay and recover' is applicable
to the case. Hence, the following :
The above appeal is allowed in part.
While maintaining the quantum of compensation, the
appellant herein shall pay the compensation with interest
thereon in the first instance and thereafter recover the
same from respondent No.1 before the learned
Commissioner in the same proceedings.
The amount in deposit be transmitted to the Court of
learned Senior Civil Judge, along with records forthwith.
In view of disposal of the appeal, pending
interlocutory applications, if any, do not survive for
consideration and are accordingly dismissed.
Sd/-
JUDGE
Mgn/-
