Karnataka High Court
The Branch Manager vs Somaning And Anr on 15 April, 2024
-1-
NC: 2024:KHC-K:2972
MFA No. 201434 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO.201434 OF 2019 (MV-I)
BETWEEN:
THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
VIJAYAPUR BRANCH,
S.S.FRONT ROAD, VIJAYAPUR,
REP. BY DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
VIJAYAPUR.
...APPELLANT
(BY SRI SANJAY M.JOSHI, ADVOCATE)
AND:
1. SOMANING
Digitally S/O SHYASAPPA NADAGADDI,
signed by
SACHIN AGED ABOUT 27 YEARS,
Location: OCC: COOLIE, R/O.HOSUR,
HIGH COURT
OF TQ & DIST: VIJAYAPUR-586 101.
KARNATAKA
2. SHIVANAND
S/O BHIMAPPA MOPAGAR,
AGED ABOUT 36 YEARS,
OCC: DRIVER, R/O.KANABUR,
TQ & DIST: VIJAYAPUR-586 101.
...RESPONDENTS
(BY SRI SANGANAGOUDA V.BIRADAR, ADVOCATE FOR R-1;
SRI S.S.MAMADAPUR, ADVOCATE FOR R-2)
-2-
NC: 2024:KHC-K:2972
MFA No. 201434 of 2019
THIS MFA IS FILED U/S.173(1) OF M.V.ACT, PRAYING TO
SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED
16.10.2018 IN M.V.C.NO.175/2014 ON THE FILE OF I ADDL.
SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS
TRIBUNAL-VI, VIJAYAPURA INSOFAR AS THE LIABILITY ALONG
WITH INTEREST IS SADDLED UPON THE APPELLANT
INSURANCE COMPANY AND HOLD THE RESPONDENT NO.2
HEREIN LIABLE TO PAY THE SAID COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Sanjay M.Joshi, learned counsel for the
appellant as well as Sri Sanganagouda V.Biradar, learned
counsel appearing for respondent No.1. Though learned
counsel Sri S.S.Mamadapur is on record representing
respondent No.2, learned counsel failed to make his
appearance and submit his contentions.
2. Challenge in this appeal is the order that is
rendered by the Motor Accident Claims Tribunal-VI,
Vijayapura in M.V.C.No.175/2014 dated 16.10.2018.
3. Respondent No.1 filed a claim petition seeking
compensation of Rs.1,50,000/- for the injuries sustained
by him in a road traffic accident that occurred on
NC: 2024:KHC-K:2972
24.07.2013. The Tribunal through the impugned order
awarded a sum of Rs.1,46,900/- as compensation.
Disputing its liability to pay the said amount, the
Insurance Company is before this Court by way of this
appeal.
4. Making his submission with regard to the merits
of the matter, learned counsel for the appellant Sri Sanjay
M.Joshi contends that the owner of the offending vehicle is
guilty of committing breach of terms and conditions of the
policy and the said fact is established before the Tribunal.
Yet the Tribunal fastened the liability against the
Insurance Company. Learned counsel contends that the
driver who was on wheels at the time of accident was
holding driving licence to drive non-transport vehicles and
he did not possess driving licence with transport
endorsement.
5. Learned counsel also states that the offending
vehicle was plying outside the permit limit and that fact
was also established before the Tribunal, but the Tribunal
NC: 2024:KHC-K:2972
failed to consider the pleas taken. Learned counsel
ultimately seeks the Court to allow the appeal.
6. Per contra, the submission made by
Sri Sanganagouda V.Biradar is that the Tribunal discussed
at length each and every aspect of the case and arrived at
a just conclusion. Learned counsel also states that after
the judgment of the Hon'ble Apex Court in the case of
Mukund Dewangan vs Oriental Insurance Company
Limited and others reported in (2016) 4 SCC 298, the
Insurance Company cannot take such defence to avoid
liability. Learned counsel contends that the claimant is a
third party who sustained loss and therefore the appellant
is under obligation to pay compensation.
7. A perusal of the impugned order reveals that
the Tribunal has discussed at length with regard to the
merits of the matter. The Tribunal analyzed the case,
dealing with Issue No.2 with regard to the violation of the
terms and conditions of policy and came to a conclusion
that the defence taken by the Insurance Company cannot
NC: 2024:KHC-K:2972
be appreciated so as to absolve the liability of the
Insurance Company to pay compensation.
8. Having gone through the detail discussion that
went on in Issue No.2 with regard to the defence taken by
the Insurance Company and the finding given which are in
consonance with the march of law, more particularly the
catena of decisions that were rendered by the Hon'ble
Apex Court from time to time, this Court is of the view
that the appeal preferred by the appellant has no legs to
stand. Therefore, concurring with the findings given by the
Tribunal this Court holds that the appeal deserves to be
dismissed. Resultantly, the appeal stands dismissed.
The amount in deposit, if any, be transmitted to the
concerned Tribunal immediately.
Sd/-
JUDGE
SN
