Sri Indudhar Jain vs The Divisional Manager
2023 Latest Caselaw 2769 Kant

                                              -1-
                                                       MFA No. 5830 of 2012




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 1ST DAY OF JUNE, 2023

                                            BEFORE
                    THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                   MISCELLANEOUS FIRST APPEAL NO. 5830 OF 2012 (MV)


                   BETWEEN:

                   SRI. INDUDHAR JAIN,
                   S/O DUNGARCHAND JAIN,
                   AGED ABOUT 35 YEARS,
                   R/O 1ST MAIN 2ND CROSS,
                   K.B. EXTENSION,
                   DAVANGERE.

                                                                   ...APPELLANT

                   (BY SRI. MALLIKARJUN. G. CONTRACTORS, ADVOCATE FOR
                       SRI. KGK SWAMY, ADVOCATE)

                   AND:


Digitally signed   1.    THE DIVISIONAL MANAGER,
by PAVITHRA
B                        THE ORIENTAL INSURANCE COMPANY LTD,
Location: HIGH           NO.823/7, 1ST FLOOR,
COURT OF                 THILUVALLI COMPLEX, NEAR ARUNA TALKIES,
KARNATAKA
                         P.B. ROAD,DAVANGERE.
                   2.    SRI. MUSTAF,
                         S/O ABDUL GAFFERSAB,
                         AGED ABOUT 35 YEARS,
                         R/O 1ST MAIN, 2ND CROSS,
                         RAZAULLA MUSTAF NAGAR,
                         BEHIND A1-IGRA SCHOOL,
                         DAVANGERE.
                   3.    SMT. VANI SUBRAMANYA
                         W/O SUBRAMANYA,
                         AGED ABOUT 34 YEARS,
                         R/O #906, 2ND STAGE,
                                      -2-
                                                    MFA No. 5830 of 2012




    SHIVAKUMARASWAMY EXTENSION,
    DAVANGERE.

                                                           ...RESPONDENTS

(BY SRI. M. U. POONACHA, ADVOCATE FOR R1 (VC);
    SRI. RAGHAVENDRA. P. H, ADVOCATE FOR
    SRI. M. V. REVANA SIDDAIAH, ADVOCATE FOR R3 (P.H.)
    V/O. DATED 13/10/2015, NOTICE TO R2 THROUGH
    PP IS ACCEPTED.)

      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.12.2011 PASSED IN MVC
NO.838/2010 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL   JUDGE,   MACT-V,    DAVANAGERE,    AWARDING    A
COMPENSATION OF Rs.1,71,000/- WITH INTEREST @ 7% P.A.
FROM THE DATE OF PETITION TILL REALIZATION.

    THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                              JUDGMENT

This appeal is filed by the appellant/owner under

Section 173(1) of Motor Vehicles Act, 1988 (hereinafter

referred to as 'MV Act' for short), challenging the

judgment and award passed in MVC No.838/2010 dated

26.12.2011 by the I Addl. Senior Civil Judge & MACT-V,

Davangere questioning the liability fixed on him.

2. The brief facts of the case are that on

09.08.2006 at about 1.00 p.m., on Hadadi Road,

MFA No. 5830 of 2012

Davangere, when she was proceeding along with her

mother-in-law by the left side of the road, the second

respondent by riding his motorcycle bearing its

Registration No.KA-17/V-7464 which is being owned by

this appellant/Respondent No.1 alleged to have hit the

petitioner in rash and negligent manner, so as to endanger

human life, as a result of which she alleged to have

sustained grievous injuries and was shifted to City Central

Hospital and she alleged to have incurred more than

Rs.2,00,000/- towards her treatment, nourishment and

such other expenses. Hence, filed claim petition.

3. Heard the arguments on both sides and perused

the records.

4. The Tribunal has granted compensation and fix

the liability on appellant/owner on the ground that the

appellant/owner and driver have failed to produce driving

license, Registration Certificate book and insurance policy

even though the insurance company has requested to

produce the same. Therefore, the Tribunal by passing the

MFA No. 5830 of 2012

order against the appellant/owner had fixed the liability on

the appellant/owner.

5. In this appeal, the appellant/owner has filed an

application in I.A.No.2/2012 for production of additional

documentary evidence by enclosing copies of certificate of

registration and driving license. At this stage, the learned

counsel appearing for the appellant/owner submitted that

those documents filed as additional documents before this

Court in this appeal are to be tested in the inquiry before

the Tribunal. Hence, he prays to remand the matter to the

Tribunal. Accordingly, I.A.No.2/2012 is allowed and the

documents annexed in the said application are considered

for the purpose of remanding the case.

6. The matter is remanded to Tribunal for

consideration afresh in order to see whether the driver of

the motorcycle was having driving license or not as on the

date of accident and to consider whether there was a

certificate of registration and insurance policy. Therefore,

MFA No. 5830 of 2012

on this ground the case is remanded to Tribunal for fresh

consideration in accordance with law.

7. Hence, I proceed to pass the following:

ORDER

i. The appeal is allowed.

ii. The judgment and award passed by the Tribunal in MVC No.838/2010 is hereby set- aside.

iii. The matter is remanded back to the Tribunal for fresh consideration in accordance with law.

iv. Liberty is reserved to the parties to lead oral or documentary evidence or both, if they are so advised.

v. The driver, owner and Insurance Company are permitted to file their respective written statements.

vi. All the contentions are left open.

vii. The amount in deposit shall be refunded to the appellant/owner.

MFA No. 5830 of 2012

viii. Parties shall appear before the Tribunal on 30.06.2023, without expecting notice from the Tribunal.

ix. The Tribunal shall decide the case and dispose of the matter within a period of four months from 30.06.2023, in accordance with law.

Sd/-

JUDGE

SSD