Karnataka High Court
The Divisional Manager vs U Thayappa on 9 February, 2022
Bench: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 9 T H DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
M.F.A. No.102037/2015 (MV)
BET WEEN
THE DIV IS IONAL MANAGER,
M/S ORIENTAL INS U RANCE COMPANY LIMITED,
DIV IS IONAL OFFICE B ALLARI,
REP.T HROU GH ITS REGIONAL OFF ICE,
SU MANGALA COMPLEX , 2 N D FLOOR,
ST AT ION ROAD, HU BB ALLI,
REP.B Y ITS DEPUT Y MANAGER.
...APPELLANT
(BY SRI. N.R.KUPPELUR, ADVOCATE)
AND
1. U .THAYAPPA,
S/O NAGABHUSHANAPPA,
AGE: 26 YEARS,
OCC: FACTORY WORKER,
R/O: KUREKU PPA VILLAGE,
TQ: SANDUR, DIST: B ALLARI,
NOW R/O KU DITHINI VILLAGE,
TQ: AND DIST: B ALLAR I.
2. K PRADEEPKU MAR,
S/O K.VENKAT ESHU LU ,
AGE: MAJOR, OCC: BUSINESS,
R/O: NEAR SB M BANK,
JANT HA COLONY,
TORNAGALLU VILLAGE,
SANDUR TALUK,
DIST: B ALLARI.
3. THIMMAIAH S/O A NGAMMA,
2
AGE: MAJOR, OCC: DRIVER,
R/O: HONNALL I VILLAGE,
HOSPETE TALUK,
NOW R/O. KUREKUPPA V ILLA GE,
TQ: SANDUR, DIST: B ALLARI.
...RESPONDENTS
(BY SRI. VINAYAK S.KULKARNI, ADVOCAT E FOR R1;
R2 NOTICE SERVED; NOTICE TO R3 DIS PENSED WIT H)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 06.04.2 015 PASS ED IN
MVC No.663/ 2013 ON THE FILE OF THE MEMB ER, MOTOR
ACCIDENT CLAIMS TRIB UNAL-II, B ALLARI, AWARD ING THE
COMPENSATION OF ` 1,80,800/-, AL ONG WIT H INTER EST AT
THE RATE OF 6% P.A. FROM THE DATE OF PETIT ION T ILL
ITS COMPLETE REALISAT ION.
THIS APPEA L COMING ON FOR ADMISSION, TH IS DAY
THE COU RT DELIVERED THE FOLL OWING:
JUDGMENT
This app eal is filed by the insurer of the offending
tractor trailer bearing registration No.KA-35/T-4921
and 5021 challenging the judgment and award dated
06.04.2015 p assed by the Motor Accid ent Claims
Tribunal-II, Ballari (hereinafter referred to as the
'Tribunal', for brevity) in MVC No.663/2013 insofar as
it relates to saddling the liability to pay the
compensation on it.
2. Though this appeal is listed for admission,
with the consent of the learned counsels appearing
for the parties, the appeal is taken up for final
disposal. The parties to this appeal are referred to by
their rankings assigned to them before the Tribunal
for the sake of convenience.
3. Brief facts of the case that would be
relevant for the purpose of disposal of this appeal
are:
On 04.04.2013, when the claimant and his
brother were proceeding in their bicycle, the
offending tractor trailer bearing registration
No.KA-35/T-4921 and 5021 which was driven in a
rash and negligent manner by its driver dashed
against the bicycle of the claimant near Kurekuppa
farm house, HLC canal, NH-63 road and caused the
accident. In the said accident, the claimant suffered
grievous injuries and he was treated for the same in
the private hospital. It is under these circumstances,
the claimant has filed a claim petition under Section
166 of the Motor Vehicles Act, 1988 (for short, the
'Act') claiming compensation from the driver, owner
and insurer of the offending tractor trailer. The
Tribunal had partly allowed the claim petition and
awarded compensation of `1,80,800/- with interest at
6% per annum from the date of petition till
realization and had saddled the liability on the
appellant-insurer of the offending vehicle. Being
aggrieved by the same, the insurer is before this
Court.
4. Learned counsel for the appellant-insurer
submits that the Tribunal had erred in saddling the
liability on the insurer of the offending vehicle since
the driver of the offending vehicle did not possess
valid and effective licence to drive the tractor trailer
as on the date of accident.
5. Per contra, learned counsel appearing for
the claimant submits that the driver of the offending
vehicle was possessing a valid and effective Light
Motor Vehicle tractor only licence and therefore
having regard to the judgment of the Hon'ble Apex
Court in the case of Mukund Dewangan V/s
Oriental Insurance Company Limited reported in
(2017) 14 SCC 663, the Tribunal was justified in
saddling the liability to pay compensation on the
insurer of the offending vehicle.
6. I have carefully considered the arguments
addressed on both sides and also perused the
material available on record.
7. The undisputed facts of the case are that in
the road traffic accident that had taken place on
04.04.2013, the claimant had suffered grievous
injuries. The involvement of the offending tractor
trailer bearing registration No.KA-35/T-4921 and
5021 in the said accident is not in dispute, so also
the fact that the said vehicle was duly insured by the
appellant-insurer which was valid as on the date of
accident. Learned counsel for the insurer has
challenged the impugned judgment and award insofar
as it relates to saddling the liability on the insurer to
pay the compensation, on the ground that the driver
of the offending vehicle did not possess valid and
effective licence to drive the tractor trailer as on the
date of accident. However he does not dispute the
fact that the said driver possessed a Light Motor
Vehicle tractor only driving licence as on the date of
accident. Therefore, having regard to the judgment of
the Hon'ble Apex Court in the case of Mukund
Dewangan, considering the fact that the driver
possessed a licence to drive a similar class of vehicle,
the Tribunal was fully justified in saddling the
liability to pay the compensation on the insurer of
the offending vehicle.
8. Since the insurer of the offending vehicle is
held liable to pay the compensation amount, the
appellant-insurer is directed to deposit the remaining
amount of compensation with interest before the
Tribunal within a period of six weeks from the date of
receipt of certified copy of this order.
9. The amount in deposit is directed to be
transferred to the Tribunal for the purpose of
disbursement.
Miscellaneous First Appeal is accordingly
dismissed.
Sd/-
JUDGE
CLK
