Sri Rajashekhar B V vs Sri A Chandrashekhar
2022 Latest Caselaw 12270 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 10TH DAY OF OCTOBER 2022

                     BEFORE

THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

           MFA No. 649 OF 2020(MV)

BETWEEN

SRI RAJASHEKHAR B V
AGED ABOUT 48 YEARS
S/O VEERACHAR B S
R/AT HOUSE NO.920/67
GEETHASHRI NILAYA
4TH CROSS, NITTUVALLI ROAD
LABOUR COLONY
DAVANAGERE-577002.

                                       ...APPELLANT

(BY SRI.NARASIMHA PRASAD S D., ADV.)

AND

1.    SRI A CHANDRASHEKHAR
      AGED ABOUT 57 YEARS
      S/O M BASAPPA
      R/AT DOOR NO.990/8
      BEHIND KSRTC BUS STAND
      BHAGATH SINGH NAGAR
      DAVANAGERE-577004.

2.    SRI A RAKSHITH M ACHAR
      AGED ABOUT 19 YEARS,
      S/O MANJUNATHACHAR V
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     R/AT 4TH CROSS
     NITTUVALLI ROAD
     LABOUR COLONY
     DAVANAGERE-577002
     ALSO R/AT
     HOUSE NO.105, 4TH CROSS
     MALLAPPA LAYOUT
     BABUSA PALYA
     BENGALURU NORTH
     BENGALURU-560043.

3.   IFFCO-TOKIO GENERAL INSURANCE
     COMPANY LTD.,
     REPRESENTED BY ITS
     BRANCH MANAGER
     AT 3RD MAIN ROAD
     P J EXTENSION
     DAVANAGERE-577002.

                                     ...RESPONDENTS

(BY SRI. B.K.MANJUNATH, ADV. FOR R1:
SRI. D.VIJAYAKUMAR, ADV. FOR R3:
NOTICE TO R2 IS SERVED BUT UNREPRESENTED)


     THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
15.07.2019 PASSED IN MVC NO. 972/2018 ON THE FILE
OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-IV,
DAVANGERE, AWARDING COMPENSATION OF RS. 66,743/-
WITH INTEREST AT 8 PERCENT P.A. FROM THE DATE OF
PETITION TILL ITS REALIZATION.


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

This appeal under Section 173(1) of Motor Vehicles

Act, 1988 (hereinafter referred to as 'the Act') has been

filed by the owner of the offending vehicle being

aggrieved by the judgment dated 15.7.2019 passed by

Principal Senior Civil Judge and MACT-IV, Davanagere in

MVC 972/2018.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 13.7.2018 when the claimant

after completing his work and moving towards Bapuji

Hospital near Dental Science College as pedestrian, at

that time, motorcycle bearing registration No.KA-17-EC-

3199 being ridden by its rider at a high speed and in a

rash and negligent manner, dashed to the claimant. As

a result of the aforesaid accident, the claimant sustained

grievous injuries and was hospitalized.

3. The claimant filed a petition under Section

166 of the Act seeking compensation. It was pleaded

that he spent huge amount towards medical expenses,

conveyance, etc. It was further pleaded that the

accident occurred purely on account of the rash and

negligent driving of the offending vehicle by its driver.

4. On service of notice, the respondents

appeared through counsel and filed written statements

in which the averments made in the petition were

denied.

5. On the basis of the pleadings of the parties,

the Claims Tribunal framed the issues and thereafter

recorded the evidence. The claimant himself was

examined as PW-1 and got exhibited documents namely

Ex.P1 to Ex.P13. On behalf of the respondents, one

witness was examined as RW-1 and got exhibited

documents namely Ex.R1 to Ex.R8. The Claims Tribunal,

by the impugned judgment, inter alia, held that the

accident took place on account of rash and negligent

driving of the offending vehicle by its driver, as a result

of which, the claimant sustained injuries. The Tribunal

further held that the claimant is entitled to a

compensation of Rs.66,743/- along with interest at the

rate of 8% p.a. and directed the respondent Nos.1 and

2, rider and owner of the offending vehicle to deposit

the compensation amount along with interest. Being

aggrieved, the present appeal has been filed.

6. The learned counsel for the owner of the

offending vehicle has contended that the rider of the

motorcycle was having valid learner's licence as on the

date of accident. In view of the judgment of this Court

passed in the case of the Divisional Manager, National

Insurance Co., Ltd. -v- Gangappa Mardeppa Kabbur and

others (MFA 22061/2012 c/w MFA CROB 100115/2014

(MV) disposed on 11.10.2018) and in the case of Senior

Divisional Manager, National Insurance Co. Ltd.,

Belgaum -v- Jyotiba Appaji Shigate (Air Online 2019 Kar

1560), the Insurance Company is liable to pay

compensation to the claimant. The Tribunal has erred in

fastening the liability on the owner of the offending

vehicle.

Further, in view of the Division Bench decision of

this Court in the case of Ms.Joyeeta Bose and others

-v- Venkateshan.V and others (MFA 5896/2018

and connected matters disposed of on 24.8.2020),

the rate of interest granted by the Tribunal at 8% p.a.

on the compensation amount is on the higher side.

Hence, he sought for allowing the appeal.

7. On the other hand, the learned counsel for

the Insurance Company has contended that it is not in

dispute that as on the date of accident the rider of the

offending vehicle was having learner's licence and he

was not accompanied by a person having valid driving

licence. Since the insured has violated the policy

conditions, the Tribunal has rightly exonerated the

Insurance Company from liability. Hence, he sought for

dismissal of the appeal.

8. Heard the learned counsel for the parties and

perused the judgment and award of the Tribunal.

9. It is not in dispute that the claimant has

sustained injuries in the road traffic accident occurred

due to rash and negligent riding of the offending vehicle

by its rider. It is also not in dispute that the rider of the

offending vehicle was having learner's licence as on the

date of accident and he was riding the motorcycle

without being accompanied by a person having valid

driving licence. This Court in the case of the Divisional

Manager, National Insurance Co., Ltd. -v- Gangappa

Mardeppa Kabbur and others (MFA 22061/2012 c/w MFA

CROB 100115/2014 (MV) disposed on 11.10.2018) and

in the case of Senior Divisional Manager, National

Insurance Co. Ltd., Belgaum -v- Jyotiba Appaji Shigate

(Air Online 2019 Kar 1560) has held that the learner's

licence is also a valid licence and the rider or learner

need not accompany any instructor for motorcycle as

required in case of four wheeler motor vehicle, which

requires instructor and hence the Insurance Company is

liable to pay compensation to the claimant.

In view of the above decisions referred supra, the

owner of the offending vehicle is exonerated from

liability and the Insurance Company is directed to pay

compensation to the claimant.

However, in respect of awarding interest, in view

of the Division Bench decision of this Court in the case of

Ms.Joyeeta Bose and others -v- Venkateshan.V

and others (MFA 5896/2018 and connected

matters disposed of on 24.8.2020), the rate of

interest awarded by the Tribunal at 8% p.a. on the

compensation amount is on the higher side and the

same is reduced to 6%.

10. In the result, the appeal is allowed in part.

The judgment of the Claims Tribunal is modified.

The owner of the offending vehicle is exonerated

from liability.

The Insurance Company is directed to deposit the

compensation amount along with interest @ 6% p.a.

from the date of filing of the claim petition till the date

of realization, within a period of six weeks from the date

of receipt of copy of this judgment.

The amount in deposit is ordered to be refunded to

the appellant after due verification.

Sd/-

JUDGE DM