Karnataka High Court
The Senior Divisional Manager Oriental vs Ashwathnarayan @ Ajit And Ors on 7 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5775
MFA No. 200881 of 2017
C/W MFA No. 200882 of 2017
MFA No. 200883 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 200881 OF 2017 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 200882 OF 2017 (MV-I)
MISCL. FIRST APPEAL NO. 200883 OF 2017(MV-I)
MFA NO.200881 OF 2017 :-
BETWEEN:
THE SENIOR DIVISIONAL MANAGER,
ORIENTAL INSURANCE
COMPANY LTD., N.G.COMPLEX,
OPP:MINI VIDHAN SOUDHA,
KALABURAGI - 585102.
Digitally signed ...APPELLANT
by SUMITRA (BY SRI. MANVENDRA REDDY, ADVOCATE)
SHERIGAR
Location: HIGH
COURT OF AND:
KARNATAKA
1. SRI.VITHAL S/O TUKARAM RATHOD,
AGE: 61 YEARS, OCC: COOLIE,
2. SMT. SITABAI W/O VITHAL RATHOD,
AGE: 56 YEARS,
OCC: HOUSEHOLD WORK AND COOLIE,
3. SMT. PARAWWA W/O RAMESH RATHOD,
AGE: 36 YEARS, OCC:HOUSEHOLD,
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MFA No. 200881 of 2017
C/W MFA No. 200882 of 2017
MFA No. 200883 of 2017
4. KUM. ROHIT S/O RAMESH RATHOD,
AGE:21 YEARS, OCC:NIL,
5. KUM. SUDHIR S/O RAMESH RATHOD,
AGE: 14 YEARS, OCC:NIL,
RESP. NO.4 & 5 ARE MINORS,
REPRESENTED BY THEIR
NATURAL MOTHER I.E., RESPONDENT NO.3,
ALL R/O. HUBANUR TANDA,
TQ & DIST.VIJAYAPURA -586101.
6. MUNIRAJU. J.
AGE:57 YEARS, OCC:BUSINESS,
R/O PROP:JANATHA TRAVELS AGENCIES,
# 1/2, SRINIVAS NILAYA, COX TOWN
GOVER ROAD CROSS, BANGALORE-05.
(R/O. 401/2, F-1 SWASTIK MANAODI ARCADE
S.C.ROAD, OPP:SHESHADRIPURAM
POLICE STATION, BANGALORE AS MENTIONED
IN MVC NO.616/2007)
7. SRI BASAVARAJ S/O MALLIKARJUN SUDI
AGE:47 YEARS, OCC:BUSINESS,
R/O BEHIND GACHINA MAHAL,
J.M.ROAD, BIJAPUR - 586101.
8. THE MANAGER, NATIONAL INSURANCE
COMPANY LIMITED, 1ST FLOOR,
MELLIGERI COMPLEX,
KALADAGI ROAD, BAGALKOT-1.
...RESPONDENTS
(BY SRI S.S. MAMADAPUR, ADV. FOR R1 TO R3;
SRI S.S. ASPALLI, ADV. FOR R8;
NOTICE TO R4 AND R7-SERVED- UN REPRESENTED,
NOTICE TO R7 IS DISPENSED WITH;
R5 IS MINOR R/P BY R3)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
SET ASIDE THE JUDGMENT AND AWARD DATED 06.03.2017
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MFA No. 200881 of 2017
C/W MFA No. 200882 of 2017
MFA No. 200883 of 2017
PASSED BY THE MACT NO.III, VIJAYAPURA IN MVC
NO.773/2006 BY ALLOWING THE APPEAL BY EXONERATING
THE APPELLANT FROM ITS LIABILITY AND ETC.
MFA NO.200882 OF 2017 :-
BETWEEN:
THE SENIOR DIVISIONAL MANAGER,
ORIENTAL INSURANCE
COMPANY LTD., N.G.COMPLEX,
OPP:MINI VIDHAN SOUDHA,
KALABURAGI - 585102.
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
AND:
1. RAMESH S/O NONAPPA HONNALLI,
AGE: 54 YEARS, OCC: SDA IN KBJNL,
JBC DIVISION NO.3, GOLAGERI,
R/O. KANAKADAS BADAWANE,
VIJAYAPUR-586101.
2. MUNIRAJU. J.
AGE:57 YEARS, OCC:BUSINESS,
R/O PROP:JANATHA TRAVELS AGENCIES,
# 1/2, SRINIVAS NILAYA, COX TOWN
GOVER ROAD CROSS, BANGALORE-05.
(R/O. 401/2, F-1 SWASTIK MANAODI ARCADE
S.C.ROAD, OPP:SHESHADRIPURAM
POLICE STATION, BANGALORE AS MENTIONED
IN MVC NO.616/2007)
3. SRI BASAVARAJ S/O MALLIKARJUN SUDI
AGE:47 YEARS, OCC:BUSINESS,
R/O BEHIND GACHINA MAHAL,
J.M.ROAD, BIJAPUR - 586101.
4. THE MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
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NC: 2024:KHC-K:5775
MFA No. 200881 of 2017
C/W MFA No. 200882 of 2017
MFA No. 200883 of 2017
1ST FLOOR, MELLIGERI COMPLEX,
KALADAGI ROAD, BAGALKOT-1.
...RESPONDENTS
(BY SRI SHARANABASAPPA M. PATIL, ADV. FOR R4
NOTICE TO R2 AND R3-SERVED)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
SET ASIDE THE JUDGMENT AND AWARD DATED 06.03.2017
PASSED BY THE MACT NO.III, VIJAYAPURA IN MVC
NO.1045/2006 BY ALLOWING THE APPEAL BY EXONERATING
THE APPELLANT FROM ITS LIABILITY AND ETC.
MFA NO.200883 OF 2017 :-
BETWEEN:
THE MANAGER,
THE ORIENTAL INSURANCE CO. LTD.,
401/2, F-2N SWASTIK MANAODI ARCADE,
S.C. ROAD, OPP. SHESHADRIPURAM POLICE
STATION, BANGALORE
REPRESENTED BY ITS OFFICE AT
THE SENIOR DIVISIONAL MANAGER,
ORIENTAL INSURANCE COMPANY LTD.,
N.G.COMPLEX, OPP:MINI VIDHAN SOUDHA,
KALABURAGI - 585102.
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
AND:
1. AISWATHNARAYAN @ AJIT,
S/O YALAGURESH HANAGANDI,
AGE : 43 YEARS, OCC: VEDIC PRIEST
R/O. KEMBHAVI CHAWL,
NEAR TAJ BAWADI,
VIJAYAPUR-586101.
2. MUNIRAJU. J.
AGE:56 YEARS, OCC:BUSINESS,
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NC: 2024:KHC-K:5775
MFA No. 200881 of 2017
C/W MFA No. 200882 of 2017
MFA No. 200883 of 2017
R/O PROP:JANATHA TRAVELS AGENCIES,
# 1/2, SRINIVAS NILAYA, COX TOWN
GOVER ROAD CROSS, BANGALORE-05.
(R/O. 401/2, F-1 SWASTIK MANAODI ARCADE,
S.C.ROAD, OPP:SHESHADRIPURAM
POLICE STATION, BANGALORE
AS MENTIONED IN MVC NO.616/2007)
3. SRI BASAVARAJ S/O MALLIKARJUN SUDI,
AGE:46 YEARS, OCC:BUSINESS,
R/O BEHIND GACHINA MAHAL,
J.M.ROAD, BIJAPUR - 586101.
4. THE MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
1ST FLOOR, MELLIGERI COMPLEX,
KALADAGI ROAD, BAGALKOT-1.
...RESPONDENTS
(BY SRI SHARANABASAPPA M. PATIL, ADV. FOR R4
NOTICE TO R1 AND R3-SERVED - UNREPRESENTED)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
SET ASIDE THE JUDGMENT AND AWARD DATED 06.03.2017
PASSED BY THE MACT NO.III, VIJAYAPURA IN MVC
NO.616/2007 BY ALLOWING THE APPEAL BY EXONERATING
THE APPELLANT FROM ITS LIABILITY AND ETC.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
The Insurer is in appeals challenging the grant of
compensation awarded to the claimants.
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2. It is not in dispute that an accident occurred
between the bus carrying inmates and a Truck.
3. The claimants were some of the inmates and in
this head on collision, both the driver of the bus as well as
the truck were killed, apart from one of the inmates. The
tribunal by the impugned award has come to the
conclusion that both the driver of the truck and the driver
of the bus were equally responsible and has apportioned
the liability equally.
4. The claimants have accepted the award and it is
only the insurer of the bus who is in appeal. The insurer of
the bus contends that the driver of the bus did not possess
a valid and effective driving licence and the licence that
was produced was a fake license. It is also contended that
the owner of the vehicle had made a claim for the damage
occurred to the bus and this claim had been repudiated on
the ground that the driver possessed a fake licence and
this repudiation by the insurer was challenged before the
consumer forum, which upheld the repudiation and this
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was also confirmed by the High Court. It is therefore
sought to be contended that the insurer would not be
liable since the driver of the bus possessed only a fake
license.
5. In my view, even if this argument is to be
accepted, at best, this would amount to a breach of the
policy conditions. It may also be pertinent to notice here
that the owner of the bus, as stated in the instant
proceedings, would only employ a driver, if he is satisfied
that the driver had a driving licence. To expect the owner
to make a thorough verification of the validity of the
licence would be impractical. So long as the owner has
satisfied himself that the licence that was furnished to him
was valid, it cannot be alleged that he knowingly gave the
vehicle to someone who was not authorized to drive a
motor vehicle.
6. In this view of the matter, in my view, the
fastening of liability on both insurance and insurers in the
ratio of 50%:50% cannot be found fault with.
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7. The appeals are therefore dismissed.
8. It is however open for the insurer to initiate
recovery proceedings against the owner of the offending
vehicle on the premise that the driver of the vehicle had a
fake licence and therefore the owner would be liable.
9. The amount in deposit may be transmitted to
the tribunal.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
SN
