Karnataka High Court
The Head Master vs The Manager on 4 January, 2023
Bench: M.I.Arun
-1-
MFA No. 5536 of 2019
C/W MFA No. 1441 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
MISCELLANEOUS FIRST APPEAL NO. 5536 OF 2019 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 1441 OF 2021 (MV-I)
IN MFA NO.5536 OF 2019:
BETWEEN:
1. THE HEAD MASTER
MONT FORT VIDYASAGAR
AGED ABOUT 46 YEARS
K.R.S MAIN ROAD, BELAGOLA (V) & (P)
S.R. PATNA TALUK
MANDYA DISTRICT - 571 438.
...APPELLANT
Digitally
signed by V (BY SRI RAJAKUMAR M., ADVOCATE)
MANJUSHA
BAI
AND:
Location:
High Court of
Karnataka 1. THE MANAGER
THE NEW INDIA ASSURANCE CO. LTD.
DIVISION & BRANCH OFFICE
NO.2951, 2ND FLOOR, JLB ROAD
CHAMUNDIPURAM, MYSURU - 570 004.
2. SRI ANIL KUMAR
S/O. SRI NARAYANA
AGED ABOUT 31 YEARS
NO.19, 11TH CROSS
RAGHAVENDRA EXTENSION
MYSURU - 570 004.
-2-
MFA No. 5536 of 2019
C/W MFA No. 1441 of 2021
...RESPONDENTS
(BY SRI ANOOP, ADVOCATE FOR
SRI B.C. SEETHARAMA RAO, ADVOCATE FOR R.1;
SRI K. SHANTHARAJ, ADVOCATE FOR R.2.)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD PASSED IN MVC NO.147/2016 DATED
21.10.2017 BY ALLOWING THIS MFA BY SETTING ASIDE TO
THE EXTENT OF FIXING LIABILITY ON THE APPELLANT AND TO
FIX LIABILITY UPON 1ST RESPONDENT, INSURANCE COMPANY
TO PAY COMPENSATION AMOUNT AS AWARDED BY THE
PRINCIPAL COURT OF SMALL CAUSES AND MACT, MYSURU
AND ETC.
IN MFA NO.1441 OF 2021:
BETWEEN:
1. ANIL KUMAR N.
S/O. NARAYANA
AGED ABOUT 32 YEARS
R/AT NO.19, 11TH CROSS
RAGHAVENDRA EXTENSION
MYSURU - 570 005.
...APPELLANT
(BY SRI KANTHARAJ K., ADVOCATE)
AND:
1. THE HEAD MASTER
MONT FORT VIDYASAGAR
K.R.S MAIN ROAD, BELAGOLA (V) & (P)
S.R. PATNA TALUK
MANDYA DISTRICT - 571 438.
2. THE NEW INDIA ASSURANCE CO. LTD.
BY ITS MANAGER
DIVISIONAL & BRANCH OFFICE
-3-
MFA No. 5536 of 2019
C/W MFA No. 1441 of 2021
NO.2951, 2ND FLOOR, J.L.B. ROAD
CHAMUNDIPURAM, MYSURU - 570 004.
...RESPONDENTS
(BY SRI RAJAKUMAR M., ADVOCATE FOR R.1;
SRI ANOOP, ADVOCATE FOR
SRI B.C. SEETHARAMA RAO, ADVOCATE FOR R.2.)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 21.10.2017 PASSED BY THE
LEARNED PRINCIPAL SMALL CAUSES AND SENIOR CIVIL
JUDGE AND MACT, AT MYSURU, IN M.V.C. NO.147/2016, AND
DIRECT THE 2ND RESPONDENT INSURANCE COMPANY TO PAY
THE COMPENSATION BY ENHANCING THE COMPENSATION, IN
THE INTEREST OF JUSTICE.
THESE APPEALS COMING ON FOR ADMISSION, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award dated 21.10.2017
passed in MVC No.147/2016 by the Principal Judge, Court of
Small Causes & MACT, Mysuru (for short 'the Tribunal'), the
respondent No.1 therein has preferred MFA No.5536/2019 and
petitioner therein has preferred MFA No.1441/2021.
2. As both the appeals arise from the same claim
petition, a common order is being passed.
MFA No. 5536 of 2019
C/W MFA No. 1441 of 2021
3. For the sake of convenience, the parties are
referred to herein as per their status before the Tribunal.
4. Brief facts of the case are as follows:
That on 19.12.2015 at about 2.30 p.m., near KEB
junction on Mahadevapura main road, Mysore District, the
petitioner while travelling on the motor cycle bearing
registration No.KA-55 S-0148 met with an accident with a
school bus bearing registration No.KA-11 9969 and sustained
grievous injuries. Hence, he filed MVC No.1441/2021 for award
of compensation. Respondent No.1 is the owner of the school
bus and respondent No.2 is the Insurer of the said bus. The
Tribunal upon the pleadings and evidence let-in has granted a
compensation of Rs.3,19,200/- along with interest at the rate
of 9% p.a. from the date of petition till realization in favour of
the petitioner. Further, the liability has been fixed on the
owner i.e., respondent No.1 and the insurer - respondent No.2
has been absolved of any liability.
5. Respondent No.1 / owner was placed exparte
before the Tribunal. Aggrieved by the same, respondent
MFA No. 5536 of 2019
C/W MFA No. 1441 of 2021
No.1 - owner has preferred MFA No.5536/2019. Not satisfied
by the compensation awarded by the Tribunal, the petitioner
has preferred MFA No.1441/2021.
6. Based on the evidence let-in, the Tribunal has come
to the conclusion that the driver of the offending bus did not
have the valid licence as on the date of the accident and also
the vehicle was plying outside the permitted area. On the said
grounds, the liability has been fixed upon the owner of the bus.
7. The respondent No.1 / owner contends that it is a
school, because of which the notice appears to have been
misplaced and it was placed exparte before the Tribunal and
not appearing before the Tribunal was unintentional and if
given an opportunity, it would establish that the Insurance
Company would be liable to pay the compensation. It has also
submitted the copy of the driving licence of the driver who was
driving the offending bus and contends that he had the
necessary licence and though it is admitted that the bus was
plying outside the permit area, it is submitted that the accident
MFA No. 5536 of 2019
C/W MFA No. 1441 of 2021
took place only when the vehicle was being taken to the service
station which was situated outside the permit area.
8. Learned counsel for the Insurance Company
seriously disputes the validity of the licence of the driver and
submits that if given an opportunity, he would establish that it
is not a valid driving licence and further argues that admittedly
the accident happened outside the permit area and Insurance
Company is not liable and because the driver of the vehicle did
not have the valid driving licence and the vehicle was plying
outside the permit area, pay and recovery also cannot be
ordered against the Insurance Company.
9. Deciding the lis at this stage requires the first
respondent to be given permission to prove his case by leading
evidence and also permitting the second respondent -
Insurance Company and the petitioner to cross-examine any
witness produced by the first respondent, which can be done
only in a Tribunal. It requires the matter to be remanded to
the Tribunal.
MFA No. 5536 of 2019
C/W MFA No. 1441 of 2021
10. However, the first respondent - owner has not
disputed the quantum awarded by the Tribunal. It is only the
petitioner who is seeking enhancement of the same. Further, it
is submitted by the second respondent - Insurance Company
that they have not filed any appeal, because no liability is
fastened on them and if the same were to be fastened on them,
then they would seriously contest the same.
11. The petitioner submits that he is in dire need of
money and as the quantum is not disputed by any of the
parties, the amount in deposit be released in his favour. It is
further submitted that the entire award amount along with due
interest has been deposited by the first respondent / owner
before the Tribunal. Hence, the following:-
ORDER
i. Appeals stand allowed-in-part.
ii. The judgment and award impugned in these
appeals are hereby set aside and the matter stands
remanded back to the Tribunal with a direction to
provide an opportunity to the first respondent -
owner to file its defence and lead evidence and also
permit the petitioner and the second respondent to
MFA No. 5536 of 2019
C/W MFA No. 1441 of 2021
cross-examine the witnesses produced by the first
respondent / owner, hear the arguments and pass
appropriate orders.
iii. The Tribunal to permit all the parties concerned
to lead additional evidence.
iv. The petitioner is permitted to withdraw the
amount deposited before the Tribunal which shall be
subject to the result of the case before the Tribunal.
v. As the matter is of the year 2016, the Tribunal
is directed to expeditiously decide the matter and
parties are directed to co-operate for early disposal.
vi. Since the parties are represented by their
respective counsel, the parties are directed to appear
before the Tribunal on 03.02.2023 without waiting
for any notice.
vii. The Tribunal after hearing the parties is also at
liberty to modify the quantum of compensation
awarded.
viii. The statutory deposit before this Court shall be
transferred to the Tribunal.
MFA No. 5536 of 2019
C/W MFA No. 1441 of 2021
ix. Pending interlocutory applications, if any, do not
survive for consideration and the same are hereby
disposed of.
ix. Registry to return the records to the
jurisdictional Tribunal forthwith.
Draw modified award accordingly.
SD/-
JUDGE
VMB
