Karnataka High Court
Sri. Naveen Kumar G V vs Bajaj Allianz General Insurance ... on 13 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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MFA No. 5329 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5329 OF 2022 (ECA)
BETWEEN:
SRI. NAVEEN KUMAR G V
S/O VENKATASWAMAIAH
AGED ABOUT 34 YEARS
R/AT NO. 291/15, 7th CROSS, 2nd PHASE
5th STAGE, BEML LAYOUT
RR NAGAR,BENGALURU 98.
...APPELLANT
(BY SRI. HALESHA R G.,ADVOCATE)
AND:
1. BAJAJ ALLIANZ GENERAL INSURANCE
COMPANY LTD.,
GOLDEN HEIGHTS
4tH FLOOR, NO. 1/2
Digitally signed 59th CROSS, 4th M BLOCK
by
DHANALAKSHMI RAJAJINAGAR, BENGALURU 560 010.
MURTHY
Location: High
Court of 2. SHRI. RAVI KUMAR G
Karnataka S/O GANGAVENKATAIAH
AGED ABOUT 53 YEARS
3. SMT. CHIKKATAYAMMA
W/O RAVI KUMAR G
AGED ABOUT 42 YEARS
BOTH ARE R/O TAVAREKERE
NELAMANGALA TALUK
BENGALURU RURAL-562 132.
...RESPONDENTS
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MFA No. 5329 of 2022
(BY SRI. MANOJ KUMAR M R., ADVOCATE FOR R1:
SRI. RAGHU R., ADVOCATE FOR R2 & R3)
THIS MFA FILED UNDER SECTION 30(1) EMPLOYEE
COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD
DATED:28.12.2018 PASSED IN ECA NO.85/2017 ON THE FILE
OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT
OF SMALL CAUSES, MEMBER, MACT, BENGALURU, (SCCH-18),
AWARDING COMPENSATION OF RS.9,01,000/- WITH INTEREST
AT 12 PERCENT P.A. FROM THE DATE OF INCIDENT i.e.,
18.05.2017 TILL ITS REALISATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Section 30(1) of the Workmen's
Compensation Act, 1923 (hereinafter referred to as 'the
Act', for short) has been filed by the owner of the
offending vehicle being aggrieved by the judgment dated
28.12.2018 passed by the III Additional Judge & Member,
MACT, Court of Small Causes, Bengaluru (for short, 'the
Tribunal) in E.C.A.No.85/2017
2. Facts giving rise to the filing of this appeal briefly
stated that on 18.05.2017 at about 06.00 p.m., the
deceased Darshan was driving the Car bearing
Registration No.KA-41-B-7938 on Bengaluru-Tumkur NH-4
road, when he reached near Boodihal, Kasaba Hobli,
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Nelamangala Taluk, he lost the control over the vehicle in
an attempt of avoiding collision with another vehicle,
which was moving in front of it, hit to a road side wall and
a tree. As a result of the aforesaid accident, the deceased
sustained injuries and succumbed to the injuries.
3. The claimants filed a claim petition before the
Tribunal for Workmen Compensation seeking
compensation for the death of the deceased along with
interest.
4. On service of summons, the respondent Nos.1 and 2
have 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
Commissioner framed the issues and thereafter recorded
the evidence and by impugned judgment, inter alia, held
that the claimant is entitled for a total compensation of
Rs.9,01,000/- along with interest at the rate of 12% p.a.
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and directed the Insurance Company to deposit the
compensation amount along with interest. Being
aggrieved, the owner of the offending vehicle is before this
Court in this appeal.
6. Learned counsel appearing for the owner of the
offending vehicle has contended that as on the date of the
accident, the deceased was holding a valid and effective
driving licence. The same has been furnished to the
Insurance Company. But the same has not been brought
to the notice of the Tribunal. The Tribunal after considering
the material available on record, has exonerated the
Insurance Company from the liability on the ground that
the driver of the offending vehicle was not holding valid
and effective driving licence to drive the vehicle and the
insured has violated the policy condition. Now the
appellant has filed an application before this Court
enclosing the copy of the driving licence to show that as
on the date of the accident, the deceased/driver of the
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offending vehicle was holding valid and effective driving
licence. Hence, he sought for allowing the appeal.
7. Per contra, the learned counsel appearing for the
Insurance Company has contended that for the first time,
the appellant/insured has produced the driving licence
before this Court and no opportunity is given to the
Insurance Company to contest their case in respect of
liability. Hence, he sought for remanding the matter to the
Tribunal for fresh consideration.
8. Heard the learned counsel for the parties. Perused
the judgment and award.
9. The substantial question of law that arises for
consideration in this appeal is as follows:
"Whether the deceased/driver of the offending
vehicle was holding a valid and effective driving
licence to drive the vehicle as on the date of the
accident?"
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10. The claimants are the parents of the deceased. The
Tribunal after considering material available on record, has
given a finding that Darshan died during the course of
employment and also given a finding that the offending
vehicle was covered with valid insurance policy. Only the
insured had not produced the driving licence before the
Tribunal. Hence, the Tribunal has fastened the liability on
the owner of the offending vehicle. Now for the first time
before this Court, the appellant/insured has filed an
application for production of additional document i.e.
driving licence.
11. Under these circumstances and in the interest of
justice, to give one more opportunity to both the parties to
establish their case, the matter requires to be remitted
back to the Tribunal for fresh consideration with liberty to
adduce additional evidence and produce additional
documents to establish their case.
12. Accordingly, I pass the following order:
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ORDER
a) The appeal is allowed.
b) The judgment and award dated 28.12.2018
passed by the Tribunal in E.C.A.No.85/2017 in
respect of determination of quantum of
compensation and in respect of negligence are
concerned, the same is confirmed. In respect of
liability is concerned, the judgment and award of
the Tribunal is set aside.
c) The matter is remitted back to the Tribunal to
reconsider the matter afresh only in respect of
liability is concerned.
d) The parties are at liberty to adduce additional
evidence and produce additional documents to
establish their case.
e) Office is directed to return the document produced
by the appellant along with the application to the
appellant after retaining the xerox copy of the
same.
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f) Office is directed to refund the amount, if any, to
the appellant, after due verification.
g) Both the parties are directed to appear before the
Tribunal on 22.01.2024 without any further
notice.
13. All other pending IAs. are also disposed of.
Sd/-
JUDGE
HA
