Karnataka High Court
The Branch Manager, M/S Cholamandalam ... vs A Nagesh S/O Anjineya on 19 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:4006
MFA No. 22706 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO. 22706 OF 2013
(MV-I)
BETWEEN:
1. THE BRANCH MANAGER,
CHOLA MS GENERAL
INSURANCE CO.LTD., BELLARY
R/BY THE SENIOR MANAGER (CLAIMS)
...APPELLANT
(BY SRI. S K KAYAKAMATH, ADVOCATE)
AND:
1. SRI. A NAGESH S/O ANJINEYA
AGE: 26 YEARS, OCC: EX-PART TIME HONOURARY
SAMREEN
AYUB D.ED TEACHER, R/O: NAGASAMUDRA VILLAGE,
DESHNUR
Digitally signed by TQ: MOLAKALMUR,
SAMREEN AYUB
DESHNUR
Date: 2024.02.23 DIST: CHITRADURGA, NOW RESIDING AT HALAKUNDI
14:30:09 +0530
VILLAGE, TQ AND DIST: BELLARY
2. SRI. RAMANJINEYA S/O HONNURAPPA
AGE: 25 YEARS, OCC: DRIVER CUM
OWNER OF AUTO RICKSHAW BEARING
REGN NO.KA-26/A-4344, R/O.NAGASAMUDRA VILLAGE,
TQ: MOLAKALMUR, DIST: CHITRADURGA
...RESPONDENTS
(BY SRI. MANJUNATHA G PATIL, ADVOCATE FOR R1,
NOTICE TO R2 SERVED)
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NC: 2024:KHC-D:4006
MFA No. 22706 of 2013
THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT,
1988 AGAINST THE JUDGMENT AND AWARD DATED 27.02.2013
PASSED IN MVC NO.1007/2012 ON THE FILE OF MEMBER, MACT-XII,
BELLARY AWADING THE COMPENSATION OF RS.2,19,305/- WITH
INTEREST AT THE RATE OF 7% P.A. FROM THE DATE OF PETITION
TILL ITS DEPOSIT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.S.K.Kayakamath, learned counsel for the
appellant and Sri.Manjunath G Patil, learned counsel for
respondent - claimant.
2. Present appeal is filed by the Insurance
Company challenging the validity of the judgment and
award passed in MVC No.1007/2012 on the file of
Additional Motor Accident Claims Tribunal, Ballari dated
27.02.2013.
3. Claimant laid a claim under Section 166 of
Motor Vehicles Act in respect of a road traffic accident
occurred on 12.01.2012 involving auto rickshaw bearing
No.KA-16/A-4344.
NC: 2024:KHC-D:4006
4. Claim petition, on contest, came to be allowed
in a sum of Rs.2,19,305/- with interest at 7% per annum
from the date of petition till realisation and fastened
liability on the Insurance Company.
5. Insurance Company being aggrieved by the said
judgment, has preferred the present appeal.
6. Sri.S.K.Kayakamath, learned counsel for the
appellant filed a memo with 'B'-register extract pertaining
to driving licence of driver of offending vehicle issued by
the RTO, Chitradurga. Copy of the same was served on the
counsel for the claimant as owner of the vehicle remained
absent before this Court.
7. Sri.S.K.Kayakamath contends that as on the
date of accident, there was no valid driving licence held by
the driver of offending auto rickshaw and thereby the
liability fastened on to the Insurance Company is incorrect.
8. Sri.Manjunath G Patil however contends that
the said contention has been taken up by the Insurance
NC: 2024:KHC-D:4006
Company for the first time and suitable opportunity be
provided to the claimant to establish the same.
9. This Court considered the rival contentions of
the parties. Matter requires to be remitted to the Tribunal
as there is serious dispute in regard to driving licence of
driver of offending vehicle.
10. Hence, the following:
ORDER
(i) Appeal is allowed.
(ii) Impugned judgment and award passed by
the Tribunal is set aside.
(iii) Matter is remitted to the Tribunal for fresh
disposal insofar as liability is concerned by
placing additional evidence on record.
(iv) Parties are at liberty to place additional
evidence on record.
NC: 2024:KHC-D:4006
(v) Parties shall appear before the Tribunal
without further notice on 18.03.2024.
(vi) Having regard to the fact that claim petition
is of the year 2012, the Tribunal shall
dispose of the same on or before
30.09.2024 after affording suitable
opportunities to the parties.
(vii) For the time being, amount in deposit is
ordered to be returned to the Insurance
Company under due identification.
Sd/-
JUDGE
SH
