H N Narasimhamurthy vs C R Nagendra
2024 Latest Caselaw 626 Kant

Citation : 2024 Latest Caselaw 626 Kant
Judgement Date : 8 January, 2024

Karnataka High Court

H N Narasimhamurthy vs C R Nagendra on 8 January, 2024

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                                                         NC: 2024:KHC:861
                                                 MFA No. 9527 of 2012




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 8TH DAY OF JANUARY, 2024

                                      BEFORE
                      THE HON'BLE MR JUSTICE C.M. POONACHA
             MISCELLANEOUS FIRST APPEAL NO. 9527 OF 2012 (MV)
             BETWEEN:

             H.N. NARASIMHAMURTHY,
             AGED ABOUT 40 YEARS,
             S/O NANJUNDA NAIKA,
             RESIDING AT HIRISAVE VILLAGE & HOBLI,
             CHANNARAYAPATNA TALUK,
             HASSAN DISTRICT - 573 116.
                                                             ...APPELLANT
             (BY SRI. CHETHAN B., ADVOCATE)

             AND:

             1.    C.R.NAGENDRA,
                   AGED ABOUT 56 YEARS,
                   S/O LATE RANGAPPA,
Digitally          RESIDING AT MANJULA NILAYA,
signed by
BHARATHI S         4TH MAIN ROAD, 3RD CROSS,
Location:
HIGH COURT         SARASWATHIPURAM,
OF
KARNATAKA          HASSAN - 573 201.

             2.    THE MANAGER,
                   THE UNITED INDIA INSURANCE CO.LTD.,
                   S.V. BUILDING,
                   HASSAN - 573 201.
                                                         ...RESPONDENTS
             (BY SRI. D.P.ASHOK, ADVOCATE FOR R1;
                 SRI.JWALA KUMAR, ADVOCATE FOR R2 VIDE
                 ORDER DATED 17.01.2023)
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                                                   NC: 2024:KHC:861
                                            MFA No. 9527 of 2012




     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.09.2011 PASSED IN MVC
NO.1495/2009 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT, ADDITIONAL MACT, HASSAN, AWARDING
A COMPENSATION OF Rs.36,000/- WITH INTEREST @ 6% P.A.
FROM THE DATE OF PETITION TILL DEPOSIT.

    THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                         JUDGMENT

The present appeal is filed by the owner

challenging the judgment and award dated 26.09.2011

passed by the Hon'ble Presiding Officer, Additional

MACT and Fast Track Court at Hassan (hereinafter

referred to as 'the Tribunal' for short) in

M.V.C.No.1495/2009.

2. It is forthcoming that the Tribunal, on the

ground that the driver of the vehicle did not possess a

valid and effective driving licence as on the date of the

accident fastened the liability on the owner of the

vehicle while awarding a compensation of Rs.36,000/-

to the claimant.

NC: 2024:KHC:861

3. The claimant has not filed any appeal seeking

enhancement of the compensation. The appellant-

owner in the above appeal has filed I.A.3/12 under

Order XLI Rule 27 of Code of Civil Procedure, 1908 to

adduce additional evidence. Along with the said

application, the appellant has produced a 'B' Register

extract of the vehicle in question, which discloses that

the appellant has sold the vehicle on 12.03.2009 and

the name of the subsequent purchaser is also noticed.

4. The counsel for the respondent - claimant

vehemently contends that the owner of the vehicle did

not contest the matter before the tribunal and hence,

the claimant did not have an occasion to implead the

correct owner.

5. In view of the aforementioned, it is clear that

I.A.3/12 filed by the appellant is required to be allowed,

the document produced along with the said application

is required to be taken on record, the judgment of the

NC: 2024:KHC:861

tribunal with regard to liability is to be set aside and the

matter remanded to the tribunal to enable adjudication

as to the liability. The judgment of the tribunal with

regard to quantum of compensation is not set aside

since, the claimant has not filed any appeal seeking for

enhancement of the same.

6. Hence, the following order is passed:

(i) I.A.3/12 is allowed and the document produced along with the same is placed on record.

(ii) The judgment and award 26.09.2011 passed by the Hon'ble Presiding Officer, Additional MACT and Fast Track Court at Hassan in M.V.C.No.1495/2009 with regard to liability is set aside and the matter is remanded to the tribunal to enable the tribunal to adjudicate regarding the aspect of the liability in accordance with law;

(iii) The parties to this appeal shall appear before the Tribunal on 12.02.2024 without

NC: 2024:KHC:861

requirement of any further notice being issued in this regard;

(iv) Consequent to appearance of the parties, the tribunal shall conduct the proceedings in accordance with law;

(v) The amount in deposit shall be transmitted to the tribunal, which shall be kept in a fixed deposit in any nationalized bank for minimum period with automatic renewal clause and shall be subject to further orders that may be passed by the Tribunal in the claim petition.

(vi) The registry shall transmit I.A.3/12 together with the document annexed thereto therein along with the records of the Tribunal to the Tribunal forthwith.

Sd/-

JUDGE