The Manager vs Kumari.Jyoti D/O Vinayak ...
2022 Latest Caselaw 4226 Kant

        IN THE HIGH COURT OF KARNATAKA
                DHARWAD BENCH

 DATED THIS THE 11 T H DAY OF MARCH, 2022
                            BEFORE
THE HON'BLE MR.JUSTICE N.S. SANJAY GOWDA

               MFA No.102488/2019 (MV-I)

 Between:
        The Manager,
        Oriental Insurance Co. Ltd.,
        1289, Kittur Chambers, Main Road,
        Karwar, Rep. by Deputy Manager.
                                                   ... Appellant
 (By Shri S.V. Yaji, Advocate)

 And:
 1.     Kumari Jyoti D/o. Vinayak Vernekar, '
        Age 12 years, Occ: Student,
        Minor, rep. by her father, Vinayak
        S/o. Shripad Vernekar, Age 44 years,
        Occ: Goldsmith, R/o.: D.T. Road,
        Yallapur Town, Presently R/at Near
        Shivanath Temple, Sonarawada,
        Tq. & Dist.: Karwar, Pin: 581 359.
 2.     Amit S/o. Viranna Angadi,
        Age 34 years, Occ: Business,
        R/o.: D.T. Road, Yallapur Town,
        Tq.: Yallapur, Dist.: Karwar,
        Pin: 581 59.
 3.     Hulagappa Giriyappa Harijan,
        Age 50 years, Occ: Business,
        At & Post: Idagundi, Tq.: Yallapur,
        Dist.: Karwar, Pin: 581 327.
                                                ... Respondents
 (By Smt. Deepa R.Udiayar, Advocate for R1;
 R2 & R3 served and un-represented)
                               :2:



       This MFA is filed under Section 173(1) of M.V Act, 1988
against the Judgment and Award dated 03.11.2018, passed in
MVC No.318/2016 on the file of the Addl. Senior Civil Judge and
II-Addl. MACT, awarding compensation of Rs.80,000/- with
interest at 7% p.a. from the date of petition till its realistion.

       This appeal coming on for admission, this day, the Court
delivered the following:

                           JUDGMENT

1. The Insurance Company is in appeal

challenging the compensation awarded in a sum of

Rs.80,000/- for the injuries suffered by the minor

claimant.

2. It is the contention of the learned counsel for

the Insurer that the driver of the offending vehicle did not

possess the Driving Licence which enabled him to drive a

two wheeler with or without gear.

3. Learned counsel contends that the Driving

Licence now produced along with the application would

also indicate that the driver of the offending vehicle did not

possess licence to drive a two wheeler.

4. When it is the case of the Insurance Company

that it is not liable to satisfy the compensation on the

ground of breach of policy condition, the remedy available

to the Insurance Company would be to recover the

compensation after it satisfies the award to the claimant in

the light of the judgment of the Hon'ble Apex Court in the

case of Pappu & others Vs. Vinod Kumar Lamba and

another reported in (2018) 3 SCC 208.

5. In that view of the matter, this appeal is

dismissed holding that the Insurance Company shall first

satisfy the award that is impugned in this appeal and

thereafter proceed to recover the same from the owner of

the vehicle.

6. The amount in deposit, if any, shall be

transmitted to the Tribunal for disbursement in accordance

with law.

In view of the dismissal of the appeal, pending

applications, if any, does not survive for consideration and

the same shall stand disposed off.

Sd/-

JUDGE Vnp*