Sri Rajegowda vs Sri Veeraj Yadav
2022 Latest Caselaw 12596 Kant

                          1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 27TH DAY OF OCTOBER 2022

                       BEFORE

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

            MFA No.2416 OF 2020(MV)

BETWEEN

SRI RAJEGOWDA
S/O LATE NINGEGOWDA
AGED ABOUT 52 YEARS
R/AT KARIGOWDANAKOPPALU VILLAGE
YAGATI DAKHLE
MARITHAMMANAHALLI POST
DODDAMAGGE HOBLI
ARKALGUD TALUK
HASSAN DISTRICT.

                                      ...APPELLANT

(BY SRI.SHRIPAD V SHASTRI, ADV.)

AND

1.     SRI VEERAJ YADAV
       S/O LATE GUNASHEKHARA
       AGED ABOUT 23 YEARS.

2.     SMT KUSUMA
       W/O LATE GUNASHEKHARA
       AGED ABOUT 47 YEARS

       R1 AND R2 ARE PRESENT R/O
       VENKATADRI NILAYA
                          2




     BALEGARARA BEEDI
     KOTE, HOLENARASIPURA TOWN.

3.   THE MANAGER
     THE NATIONAL INSURANCE CO LTD.
     MANJUNATHESHWARA COMPLEX
     BUS STAND ROAD, HASSAN

                                        ...RESPONDENTS

(BY SRI.L.SREEKANTA RAO, ADV. FOR R3:
NOTICE TO R1 & R2 IS DISPENSED WITH
V/O DATED:27.10.2022)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
10.01.2020 PASSED IN MVC NO. 131/2019 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND MEMBER, M.A.C.T.,
ARKALGUD, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

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


                    JUDGMENT

This appeal under Section 173(1) of Motor

Vehicles Act, 1988 (hereinafter referred to as 'the

Act') has been filed by the claimant being aggrieved

by the judgment dated 10.1.2020 passed by MACT,

Arkalgud in MVC 131/2019.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 23.12.2017 when the

claimant was proceeding on motorcycle bearing

registration No.KA-13-EJ-9591 from his native village

to Holenarasipura Town, near Water tank gate, at that

time, car bearing registration No.KA-13-N-5424 being

driven by its driver at a high speed and in a rash and

negligent manner, dashed to the vehicle of 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 respondent No.2

appeared through counsel and filed written statement

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.P17. On behalf of the

respondents, three witness was examined as RW-1 to

3 and got exhibited documents namely Ex.R1 to

Ex.R10. 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.93,000/- along with interest at the rate of 6% p.a.

and directed the 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 claimant has

contended that as on the date of accident the driver of

the offending vehicle was having learner's licence and

since he was not having valid driving licence, the

Tribunal has fastened the liability on the owner of the

offending vehicle. He contended that the offending

vehicle was insured and having valid insurance policy.

Hence, the Insurance Company is liable to pay

compensation and later recover the same from the

owner of the offending vehicle. In support of his

contention, he has relied upon the decision of the

Apex Court in the case of PAPPU AND ORS. V. VINOD

KUMAR LAMBA AND ANR. [AIR 2018 SC 592] and Full

Bench decision of this Court in the case of 'NEW INDIA

ASSURANCE CO. LTD. BIJAPUR vs. YALLAVVA AND

ANOTHER' ILR 2020 Kar.2239 and decision of this

Court in MFA 6334/2014 c/w MFA 3275/2013 disposed

of on 1.8.2022. Hence, he sought for allowing the

appeal.

7. On the other hand, the learned counsel for

the Insurance Company has contended that as on the

date of accident, the driver of the offending vehicle

was not having valid and effective driving licence and

the insured has violated the policy conditions. Hence,

the Insurance Company is not liable to pay

compensation. 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 driving of the offending

vehicle by its driver. The only point that arises for

consideration in this appeal is 'whether the Insurance

Company is liable to pay compensation and later

recover the same from the owner of the offending

vehicle?'.

In this case, it is not in dispute that the driver of

the offending vehicle was not having valid and

effective driving licence as on the date of accident.

Since the insured has violated the policy conditions,

the Tribunal has rightly exonerated the Insurance

Company from liability. But since the offending vehicle

was covered with valid insurance policy and since third

party risk is involved, in view of the decision of the

Apex Court and decisions of this Court referred supra,

the Insurance Company is directed to pay

compensation to the claimant and later recover the

same from the owner of the offending vehicle.

10. In the result, the appeal is allowed in

part. The judgment of the Claims Tribunal is modified.

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 with

liberty to recover the same from the owner of the

offending vehicle.

Sd/-

JUDGE

DM