Karnataka High Court
Regional Manager vs Smt Avadiyamma on 11 January, 2024
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NC: 2024:KHC:1540
MFA No. 5042 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 5042 OF 2013 (MV)
BETWEEN:
REGIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
REGIONAL OFFICE, 5TH & 6TH FLOOR,
KRISHI BHAVAN, NRUPATHUNGA ROAD,
BANGALORE - 560 001.
...APPELLANT
(BY SRI. A.N. KRISHNA SWAMY, ADVOCATE)
AND:
1. SMT. AVADIYAMMA,
NOW AGED ABOUT 63 YEARS,
W/O LATE ARMUGAM ACHRI,
2. SMT. RAJESWARI,
Digitally NOW AGED ABOUT 39 YEARS,
signed by
BHARATHI S W/O LATE KANNAN,
Location:
HIGH COURT
BOTH R/A # 164, NEHRUNAGAR,
OF
KARNATAKA BANASHANKARI II STAGE,
YARABNAGAR, BANGALORE
SOUTH RANGE, BANGALORE - 560 070.
3. PRAKASH P @ RAJANNA,
S/O PILLA REDDY, MAJOR,
R/O MUNNEKOLALA, MARTHAHALLI POST,
INDIRANAGAR, BANGALORE - 560 037.
...RESPONDENTS
(BY SRI. BHUSHANI KUMAR, ADVOCATE FOR R1 AND R2
SRI. N. VENKATASWAMY REDDY, ADVOCATE FOR R3)
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MFA No. 5042 of 2013
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 7.3.2013 PASSED IN MVC
NO.1532/2012 ON THE FILE OF THE 7TH ADDITIONAL SMALL
CAUSES, COURT OF SMALL CAUSES, MEMBER, MACT-3,
BANGALORE(SCH-3), AWARDING A COMPENSATION OF
RS.6,01,000/- WITH INTEREST @ 8% P.A FROM THE DATE OF
PETITION TILL REALIZATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the insurer challenging
the judgment and award dated 07.03.2013 passed in MVC
No.1532/2012 by the Motor Accident Claims Tribunal,
Bangalore (SCCH-3) (hereinafter referred to as 'Tribunal').
2. The relevant facts necessary for consideration of the
present appeal are that on 23.02.2012 one, Ayyappa
(hereinafter referred to as the 'deceased') was proceeding in
his Motorcycle bearing No.KA-03-EJ-6118 along with a pillion
rider, when a tractor-trailer bearing No.KA-06-T-5139 and 5140
hit the motorcycle, consequent to which, the rider of
motorcycle sustained grievous injuries and subsequently,
succumbed to the same.
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3. The mother and sister of the deceased, who are
arrayed as respondents No.1 and 2 in the present appeal
(hereinafter referred to as the 'claimants') filed a claim petition
claiming compensation for the death of the deceased. The
owner of the offending vehicle who is the 3rd respondent in the
present appeal was arrayed as respondent No.2 before the
Tribunal (hereinafter referred as the 'owner') and the insurer
who is the appellant herein was arrayed as the first respondent
before the Tribunal (hereinafter referred to as the 'insurer').
4. The insurer entered appearance before the Tribunal
and contested the proceedings. That the claimant No.2 was
examined as PW-1 and the pillion rider was examined as PW-2.
Exs.P-1 to P-17 were marked in evidence. The Officer of the
insurer was examined as RW-1 and Exs.R-1 and R-2 were
marked in evidence. The Tribunal by its judgment and award
dated 07.03.2013 allowed the claim petition and awarded a
compensation of Rs.6,01,000/- with interest at 8% p.a., and
directed the insurer to pay the compensation awarded. Being
aggrieved, the above appeal is filed.
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5. It is contended on behalf of the insurer that the
rider of the vehicle was not having a valid and effective driving
licence at the time of the accident and that the interest
awarded at the rate of 8% is excessive. Hence, he seeks for
allowing the above appeal. In support of his contentions he
relies on the judgment of this Court in the case of Ms. Joyeeta
Bose & ors., v. Venkateshan V & ors.,1.
6. Per-contra, learned counsel for the claimants
submits that the insurer is liable to pay the compensation
awarded and seeks for dismissal of the above appeal.
7. The submissions of both the learned counsels have
been considered and the material on record including the
records of the Tribunal have been perused.
8. It is forthcoming that the insurer has examined RW-1
and has taken a specific contention that the driver of the
offending vehicle does not have a valid and effective driving
license and that the driver was also charge sheeted in the
Criminal Case for the said offence. However, as has been
judgment dated 24.8.20202 passed in MFA No.5896/2018 & c/w matters
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rightly noticed by the Tribunal, the insurer has not
independently produced any evidence demonstrating that the
driver was not holding a valid and effective driving licence at
the time of the accident. The insurer has merely relied on the
fact that the driver has been charge sheeted in the Criminal
case for driving the vehicle without possessing a driving
licence.
9. The Hon'ble Supreme Court in the case of Pappu v.
Vinod Kumar Lamba2 has held as follows:
"14. ....
"110. ....
(i) ....
(ii) ....
.....
(x) Where on adjudication of the claim under the
Act the Tribunal arrives at a conclusion that the
insurer has satisfactorily proved its defence in
accordance with the provisions of Section 149(2)
read with sub-section (7), as interpreted by this
Court above, the Tribunal can direct that the
insurer is liable to be reimbursed by the insured for
the compensation and other amounts which it has
been compelled to pay to the third-party under the
award of the Tribunal. Such determination of claim
by the Tribunal will be enforceable and the money
found due to the insurer from the insured will be
recoverable on a certificate issued by the Tribunal
to the Collector in the same manner under Section
174 of the Act as arrears of land revenue. The
certificate will be issued for the recovery as arrears
AIR 2018 SC 592
NC: 2024:KHC:1540
of land revenue only if, as required by sub-section
(3) of Section 168 of the Act the insured fails to
deposit the amount awarded in favour of the
insurer within thirty days from the date of
announcement of the award by the Tribunal."
10. In view of the above mentioned, it is just and proper
that the insurer be directed to pay the compensation awarded
with liberty to recover the same from the owner of the vehicle.
11. With regard to the interest awarded at 8% p.a., it is
relevant to note that the Division Bench of this Court in
Ms. Joyeeta Bose & ors.,1 has held that interest is required to
be awarded at 6% p.a. Hence, in the present case also interest
at 6% pa., is liable to be paid on the compensation awarded.
12. In view of the aforementioned, the following order
is passed:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 07.03.2013 passed
in MVC No.1532/2012 on the file of the Motor
Accident Claims Tribunal, Bangalore Court of Small
Causes (SCCH-3), is modified only to the extent of
holding that the compensation of Rs.6,01,000/-
shall be paid by the insurer (appellant herein and
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2nd respondent before the Tribunal) together with
interest at 6% p.a., with liberty to the insurer to
recover the compensation paid from the owner of
the vehicle.
iii) In all other aspects, the judgment and award dated
7.3.2013 passed by the Tribunal shall remain
unaltered.
iv) The statutory deposit amount deposited by the
appellant shall be transferred to the Tribunal for
disbursement in terms of the judgment dated
7.3.2013.
v) Modified decree to be drawn accordingly.
No costs.
SD/-
JUDGE
VS
CT: BHK
