Karnataka High Court
K. Nagaral S/O K. Venkataramanappa vs Smt. Bhulakshmi W/O Late Srinivasulu on 16 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:1052
MFA No. 24405 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.24405 OF 2011 (MV-D)
BETWEEN:
K. NAGARAL S/O. K. VENKATARAMANAPPA,
AGE: MAJOR, OCC: BUSINESS,
R/O: BEECHI NAGAR, KAPPAGAL ROAD,
BELLARY, DIST: BELLARY.
...APPELLANT
(BY SRI. K.ANANDKUMAR, ADVOCATE)
AND:
1. SMT. BHULAKSHMI
W/O. LATE SRINIVASULU,
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
R/O: DOOR NO. 18/977,
18TH WARD, TILAK NAGAR,
GUNTAKAL, ANANTPUR-DIST.
Digitally signed
by SAMREEN
AYUB DESHNUR
ANDRA PRADESH,
Date: 2024.02.01
14:28:17 +0530 NOW R/O C/O K. RAMANJINEYULU
S/O K. THIMAPPA,
R/O: WARD NO.33, DEVINAGAR,
BEHIND KURUBARA HOSTEL BELLARY,
DIST. BELLARY.
2. GOVENDAMMA W/O. LATE SIDDAPPA,
SINCE DECEASED BY HER LR,S
2A P.PADMAVATHAMMA W/O.SURENDRA
AGED ABOUT 44 YEARS, OCC: HOUSE WIFE,
R/O:D.NO.18/1009/24-H14,
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NC: 2024:KHC-D:1052
MFA No. 24405 of 2011
NEAR 60 FEET ROAD, TILAK NAGAR,
GUNTAKAL, DIST:GUNTAKAL,
A.P.STATE.
2B BOYA.NAGARAJU S/O. BOYA SIDDAPPA,
AGED ABOUT 36 YEARS, OCC:COOLIE,
R/O.18/976-1, TILAK NAGAR,
GUNTAKAL, DIST:GUNTAKAL,
A.P.STATE.
3. K. HAMEED S/O. K. HAMEED SAB,
R/O: WARD NO.25, NEAR CONTRACTOR
VENUGOPAL OPP. HOUSE INDIRA NAGAR,
1ST CROSS, KOLAGAL ROAD,
DIST. BELLARY.
4. THE BRANCH MANAGER,
ICICI LOMBORD, GENERAL
INSURANCE CO. LTD. BELLARY,
DIST. BELLARY.
...RESPONDENTS
(BY SRI. T.M.NADAF, ADVOCATE FOR R1, R2A AND R2B;
R3 DISPENSED WITH;
SRI. KARTIK GANACHARI, ADVOCATE FOR
SRI. S.S. GUNDI, ADVOCATE FOR R4)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND
AWARD DTD: 03.06.2011 PASSED IN MVC NO.118/2011 ON THE
FILE OF MEMBER, MACT-X, BELLARY, AWARDING THE
COMPENSATION OF RS.5,77,500/- WITH INTEREST AT THE RATE OF
6% P.A., FROM THE DATE OF PETITION TILL DEPOSTI.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:1052
MFA No. 24405 of 2011
JUDGMENT
Heard Shri. K. Anandkumar, learned counsel for the
appellant, Shri. T. M. Nadaf, learned counsel for respondent
Nos.1, 2(a) and 2(b) and Shri. Kartik Ganachari representing
Shri. S. S. Gundi, learned counsel for respondent No.4-
Insruance Company.
2. Owner is in appeal challenging the validity of
judgment and award passed in MVC No.118/2011 dated
03.06.2011 on the file of Motor Accident Claims Tribunal-X,
Bellary.
3. Facts in brief which are utmost necessary for
disposal of the present appeal are as under:
3.1. A claim petition came to be filed by the claimants
who are the dependents of deceased Srinivasulu who died
accidental death in a road traffic accident involving lorry
bearing registration No.KA-35/0482 on 06.12.2010 at about
12.15 p.m., near Sangam Circle, Bellary.
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4. Claim petition was resisted by the Insurance
Company by filing necessary written statement.
5. The Tribunal after raising necessary issues
considering the oral and documentary evidence placed on
record allowed the claim petition in a sum of Rs.5,77,500/- with
interest at the rate of 6% per annum from the date of petition
till its realization and directed the owner and driver of the lorry
liable to pay the adjudged compensation and exonerated the
liability on the Insurance Company.
6. The validity of the said judgment and award is
questioned by the owner of the lorry by contending that the
exoneration of the Insurance Company is incorrect as the
driving license has been renewed on 10.12.2010 i.e., 4 days
immediately after the accident and sought for allowing the
appeal.
7. Shri. Anandkumar, learned counsel for the appellant
reiterating the grounds urged in the appeal memorandum,
contended that the Co-Ordinate Bench of this Court in the case
of Oriental Insurance Company Limited, Chennai Vs. Smt.
Dyamavva Yalgurdappa Goudar and Others reported in
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2013(1) AKR 401, held that the Insurance Company cannot
avoid the liability in case of a person who has already had
license and failed to renew within the period of 30 days and
sought for allowing the appeal.
8. Per contra, Shri. Kartik Ganachari representing Shri.
S. S. Gundi, learned counsel for respondent No.4, contended
that the Division Bench of this Court Smt. Padma W/o. Late
Veeranjineyulu and Others Vs. Ramanjali Naidu and Others
decided on 22.04.2021, held that the if the license is not
renewed within 30 days as is prescribed by statute the
Insurance Company cannot be held liable for payment of
compensation as there is violation of the policy condition and
sought for dismissal of the appeal.
9. Shri. T. M. Nadaf, learned counsel for respondent
No.1, 2(a) and 2(b) contended that suitable orders may be
passed in view of the above legal position.
10. Having heard the parties in detail and this Court
bestowed its attention to the Division Bench judgment dated
22.04.2021 in the case of Smt. Padma (supra).
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11. Applying principles enunciated therein to the instant
case this Court is of the considered opinion that renewal of the
license on 10.12.2010 which expired on 09.08.2010 cannot be
a ground to fastening the liability of the owner to the Insurance
Company.
12. The statute mandates that a license must be
renewed within a period of 30 days after expiry. Even after the
said extended period, if the license is not renewed and an
accidental claim is made thereafter, subsequent renewal of the
license would not operate retrospectively so as to fasten the
liability on the Insurance Company.
13. Therefore, the grounds urged on behalf of the
appellant cannot be countenanced in law.
14. Hence, the following order is passed:
ORDER
(i) Appeal is merit less and hereby dismissed.
(ii) Amount in deposit is ordered to be
transmitted to the Tribunal for disbursement in
accordance with law.
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(iii) Balance amount to be deposited by the
appellant within a period of four weeks from today.
(iv) Ordered accordingly.
Sd/-
JUDGE
SMM
