Karnataka High Court
Sri Ramegowda vs Sri Prabhu on 5 April, 2024
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NC: 2024:KHC:14151
MFA No. 2523 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.2523 OF 2018(MV-I)
BETWEEN:
SRI. RAMEGOWDA,
S/O HANUMEGOWDA,
DHARMAPURI VILLAGE,
KASABA HOBLI, BYRAPURA POST,
ALUR TALUK, HASSAN TALUK - 573 213.
...APPELLANT
(BY SMT. RAJARAMA S, ADVOCATE)
AND:
1. SRI. PRABHU,
S/O CHANDRE GOWDA,
AGED 28 YEARS,
JAKKENAHALLI VILLAGE,
DUDDA HOBLI, HASSAN TALUK.
2. THE MANAGER,
THE UNIVERSAL SOMPO GENERAL
Digitally signed by
MOUNESHWARAPPA INSURANCE CO. LTD.,
NAGARATHNA
Location: HIGH
NO.217/A, 3RD FLOOR, K.V.B.SMAT,
COURT OF
KARNATAKA 3RD MAIN ROAD, RING ROAD,
KASTHURI NAGARA, BENGALURU - 560 043.
...RESPONDENTS
(BY SRI. PRADEEP B, ADVOCATE FOR R2;
R1 SERVED, UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 09/02/2018, PASSED IN MVC
NO.426/2017, ON THE FILE OF THE III ADDITIONAL DISTRICT
JUDGE AND MACT, HASSAN, AWARDING COMPENSATION OF
RS.2,80,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE
DATE OF PETITION TILL DEPOSIT OF ENTIRE AWARD AMOUNT.
-2-
NC: 2024:KHC:14151
MFA No. 2523 of 2018
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard learned counsel for the appellant and learned
counsel for the respondents on I.A.No.1/2018 filed by the
appellant seeking permission to produce the documents such as
driving license and copy of the insurance policy.
2. The appellant has filed this appeal challenging the
judgment and award dated 09.02.2018 passed by III Additional
District Judge and MACT, Hassan in MVC.No.426/2017, but the
appellant has failed to produce a copy of insurance policy and
driving license of the appellant before the Tribunal. Therefore,
in view of non-production of insurance policy, the tribunal has
fastened the liability on the owner i.e., respondent No.1 and
the petition against respondent No.2/insurance company stood
dismissed.
3. Learned counsel for respondent No.2 fairly submits
that the matter be remitted back to the tribunal for fresh
consideration. Learned counsel for the appellant agrees for the
same.
4. Hence, his submission is placed on record.
NC: 2024:KHC:14151
5. In view of non-production of driving license and
insurance copy before the Tribunal, the liability was fastened
upon the owner of the vehicle, instead of fastening the liability
on the Insurance Company. Hence, the matter is remanded
back to the Tribunal for fresh consideration.
6. Hence, the appeal is allowed and the matter is
remitted back to the tribunal for fresh consideration. The
tribunal is directed to dispose of the matter as expeditiously as
possible by giving fair and reasonable opportunity to both the
parties.
Both parties are directed to appear before the tribunal on
03.06.2024, without waiting for any notice.
All contentions are left open to be urged by the parties
before the Tribunal.
All Pending I.A's are disposed of.
Sd/-
JUDGE
PK
CT: BHK
