Karnataka High Court
Somanath S/O Narayan Jadav vs Basavaraj S/O Holeppa Kankali on 2 July, 2024
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NC: 2024:KHC-D:9014
MFA No. 105050 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 105050 OF 2019 (MV-I)
BETWEEN:
SOMANATH S/O. NARAYAN JADAV,
AGE: 25 YEARS, OCC: BUSINESS,
R/O. NAGALINGA NAGAR, MUNAVALLI,
TQ: SAUNDATTI, DIST: BELAGAVI-591126.
...APPELLANT
(BY SRI. G. R. TURAMARI, ADVOCATE)
AND:
1. BASAVARAJ S/O. HOLEPPA KANKALI,
AGE: 37 YEARS, OCC: NOW NIL, R/O. ARTGAL,
TQ: SAUNDATTI, DIST: BELAGAVI-591126.
2. MAIRAJ M. KADAKOL,
AGE: 25 YEARS, OCC: BUSINESS, R/O. MUNAVALLI,
TQ: SAUNDATI, DIST: BELAGAVI-591126.
3. THE REGIONAL MANAGER, NATIONAL INSURANCE
Digitally signed CO. LTD, REGIONAL OFFICE HUBBALLI, THROUGH
by MANJANNA E THE BRANCH MANAGER, NATIONAL
Location: HIGH INSURANCE CO. LTD, BRANCH OFFICE,
COURT OF SAUNDATTI, DIST: BELAGAVI-591126.
KARNATAKA ...RESPONDENTS
(BY SRI. R. N. PATIL, ADV. FOR R1;
SRI. RAJESH B. RAJNAL, ADV. FOR R3;
NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD
PASSED BY THE COURT OF THE PRL. SENIOR CIVIL JUDGE AND
ADDL. MACT, SAUNDATTI, AT: SAUNDATTI IN MVC NO.1147/2017
DATED 09-09-2019 FASTERNING THE LIABILITY ON THE
APPELLANT/OWNER OF THE VEHICLE AND ALLOW THE APPEAL WITH
COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:9014
MFA No. 105050 of 2019
JUDGMENT
Heard learned counsel for the appellant and learned
counsel for respondents.
2. The owner of the offending vehicle has filed this
appeal to set aside judgment and award dated 09.09.2017
passed by the leaned Principal Senior Civil Judge and
Additional MACT, Saundatti in MVC.No.1147/2017, fastening
the liability on the appellant-owner of the offending vehicle.
3. The brief facts of the case of the claimant before
the Tribunal is as under;
On 19.01.2017 at about 10.30 a.m. the claimant was
proceeding in his motorcycle bearing registered No.KA.24/R
6443 on Manavalli-Theggihal road, at that time driver of Alfa
pickup van three wheeler bearing registered No.KA.24/7701
owned by the appellant, drove the same in high speed by its
driver Narayan L. Rawool lost the control over the said
vehicle and dashed to the motorcycle and caused the
accident. Due the said impact, the claimant sustained
injuries. Hence, he had filed claim petition under Section 166
NC: 2024:KHC-D:9014
of MV Act, in MVC.No.1147/2017, the same was disposed on
09.09.2019 fastening the liability on the appellant-owner of
the offending vehicle.
4. It is contended that the Tribunal without
considering the material evidence and the fact that the driver
of vehicle was possessing the driving licence as on the date
of accident. Though licence was marked in evidence, but it
has not considered in right perspective manner, thus, instead
of fastening the liability on the insurance Company, it has
fixed the liability on the owner, as if no effective and valid
driving licence has been produced by the appellant. Hence,
he prayed to allow the appeal.
5. In support of his appeal he has also filed
I.A.No.2/2019 under Order XLI Rule 27 of CPC along with
certified copy of driving licence of Narayana L.Rswool, the
driver of offending vehicle.
6. Perused the original driving licence issued by the
Competent Authority.
NC: 2024:KHC-D:9014
7. Learned counsel for the insurance company
contended that in connected matters arising out of same
accident, the Tribunal has saddled responsibility on the
insurance company in MVC.No.1303/2018 disposed of on
15.07.2023 on the file of Principal Senior Civil Judge and
Additional MACT, Belagavi and the fact that the certified copy
of the driving licence of the driver has been produced as
additional document before this Court. Further the Insurance
Company has satisfied the award passed in
MVC.No.1303/2018 arising out of same accident.
8. Hence, now the Insurance Company cannot give a
goby and fastening the liability on the owner of the vehicle.
As per the contract of insurance, the insurance company has
to indemnify the owner on account of accident caused due to
negligence. Since the Tribunal has fastened the liability on
the owner and the fact that, the appellant-owner has
produced the driving licence of the driver, it is just and
necessary to saddle the liability on the Insurance Company,
rather than on the appellant-owner.
9. Hence, the appeal deserves to be allowed.
NC: 2024:KHC-D:9014
10. The judgment and award passed by the Tribunal
is modified to that extent and the liability is saddled upon the
Insurance Company.
11. The Insurance Company-respondent No.3 is
directed to deposit the entire compensation amount as
awarded by the Tribunal in favour of the claimant, within
four weeks along with interest as ordered by the Tribunal.
12. The amount deposited by the appellant-owner of
the offending vehicle shall be refunded to him on proper
identification.
13. In view of the disposal of the appeal, pending
applications, if any, do not survive for consideration,
accordingly the same are disposed off.
Sd/-
JUDGE
EM/ct-an
