Karnataka High Court
Manjayya vs Khandoji Rao on 6 September, 2022
Bench: H.P.Sandesh
-1-
MFA No. 105135 of 2019
C/W MFA No. 104594 of 2019
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 6TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 105135 OF 2019 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 104594 OF 2019
IN M.F.A.No.105135/2019
BETWEEN:
1. MANJAYYA S/O SHIVAYYA HIREMATH
AGE:50 YEARS,
OCC:BUSINESS, NOW NIL
R/O:SHIRENHALLI,
TQ:MUNDARAGI
NOW AT GADAG, DIST:GADAG
582101
...APPELLANT
(BY SRI. G S HULMANI, ADVOCATE)
AND:
1. KHANDOJI RAO
S/O DEVENDRAPPA
AGE:MAJOR, OCC:BUSINESS
Digitally signed R/O NALBAND GALLI
by J MAMATHA
DAVANGERE
J Location:
MAMATHA
Dharwad
Date:
TQ and DIST:DAVANGERE - 577601
2022.09.09
11:13:51 +0530
2. THE DIVISIONAL MANGER
NATIONAL INSURANCE COMPANY LTD.,
HUBLI-CO-OP COTTON SALES SOCIETY BUILDING
NEAR SWIMMING POOL,
HUBBALLI - 580020
...RESPONDENTS
-2-
MFA No. 105135 of 2019
C/W MFA No. 104594 of 2019
(BY SRI.CHANDRASHEKAR M.HOSAMANI, ADV. FOR R1,
SMT.PREETI SHASHANK, ADV. FOR R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
28.03.2019 PASSED IN MVC NO.115/2014 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
MAGISTRATE, GADAG, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MISCELLANEOUS FIRST APPEAL NO.104594/2019
BETWEEN:
1. KHANDOJI RAO S/O. DEVENDRAPPA
AGE : MAJOR, OCC : BUSINESS,
R/O : NALABAND GALLI,
DAVANAGERE
...APPELLANT
(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)
AND:
1. MANJAYYA S/O. SHIVAYYA HIREMATH
AGE : 50 YEARS, OCC : BUSINESS,
R/O :SHIRENAHALLI, TQ:MUNDARGI-582118,
NOW AT GADAG.
2. THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO.LTD.,
HUBLI CO-OP COTTON SALES SOCIETY BUILDING,
NEAR SWIMMING POOL,
HUBBALLI-580020
...RESPONDENTS
(BY SRI.G.S.HULAMANI, ADVOCATE FOR R1,
SMT.PREETHI SHASHANK, ADV. FOR R2)
-3-
MFA No. 105135 of 2019
C/W MFA No. 104594 of 2019
THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED
28.03.2019 PASSED IN MVC NO.115/2014 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
MAGISTRATE, GADAG, AWARDING COMPENSATION OF
Rs.2,73,600/- WITH INTEREST AT 6% P.A. FROM THE DATE OF
PETITION TILL ITS REALISATION.
THESE APPEALS COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
Heard the learned counsel appearing for the appellants
and the learned counsel appearing for the respondents.
2. In this matter, the Tribunal has fastened the liability
to pay the compensation to the claimants on the owner.
3. Since the owner has not appeared and contested
the matter, now, an application in I.A.No.1/2022 in
M.F.A.No.104594/2019 is filed under Order XLI Rule 27 of the
CPC by the learned counsel appearing for respondent
No.2/National Insurance Company Limited, along with the
Driving Licence and the extract of driving licence of Shivappa
Chalawadi issued by the RTO at Gadag, to show the driver of
the bus bearing registration No.KA-17/B-5698 had no valid and
effective driving licence to drive the said vehicle as on the date
of the accident.
MFA No. 105135 of 2019
C/W MFA No. 104594 of 2019
4. Learned counsel appearing for the owner would
submit that the owner has also produced a driving licence to
show that the driver of the offending vehicle was having a valid
driving licence.
5. Having heard the learned counsel appearing for the
parties, it is seen that there is a dispute with regard to the
driver of the bus having possessed valid driving licence or not.
Hence, the same has to be proved before the Tribunal.
Accordingly, the matter has to be remanded to the Tribunal for
fresh consideration on merit with liberty to both the parties to
adduce their additional evidence.
6. In view of the above discussions, I pass the
following:
ORDER
i) Both the appeals are allowed,
ii) The judgment and award dated 28.03.2019 passed
by the Prl. Senior Civil Judge and CJM, Gadag, in
M.V.C.No.115/2014 is set aside and the matter is
remitted for fresh consideration on merits,
MFA No. 105135 of 2019
C/W MFA No. 104594 of 2019
iii) Both the parties are directed to appear before the
Tribunal on 14.10.2022 without expecting any
notice from the Tribunal and are permitted to lead
additional evidence. Both the counsels are directed
to assist the Court for speedy disposal of the case.
iv) The Tribunal shall dispose of the matter within a
period of three months.
v) The registry is directed to send back the TCR
forthwith.
vi) The registry is directed to send the application filed
under Order XLI Rule 27 of the CPC and additional
documents to the Tribunal.
(Sd/-)
JUDGE
JM
