Karnataka High Court
Sayad Khatoon W/O. Zaheer Ahmed vs Shri Balesh S/O. Bhimappa Malajure on 24 July, 2024
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NC: 2024:KHC-D:10477
MFA No. 100036 of 2019
C/W MFA No. 100037 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 100036 OF 2019 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 100037 OF 2019
IN MFA NO. 100036 OF 2019
BETWEEN:
SAYAD KHATOON W/O. ZAHEER AHMED
SINCE DECEASED REPRESENTED
BY HER LEGAL HEIRS.
1. MR K. ZAMEER AHMED S/O. ZAHEER AHMED,
AGE: 39 YEARS, OCC: SERVICE,
R/O. CTS NO.3059, NEAR SHEETAL HOTEL,
GALAXY PLAZA, KHADE BAZAR,
BELAGAVI-590001.
2. MRS. ZAHEERA BEGUM
W/O. ASHPAQUE AHMED PATIL,
AGE: 38 YEARS, OCC: HOUSEWIFE,
R/O. CTS NO.3059, NEAR SHEETAL HOTEL,
Digitally
signed by GALAXY PLAZA, KHADE BAZAR,
MANJANNA
E BELAGAVI-590001.
Location:
HIGH
COURT OF
KARNATAKA 3. MR. ZAKI AHMED S/O. ZAHEER AHMED
AGE: 36 YEARS, OCC: BUSINESS,
R/O. CTS NO.3059, NEAR SHEETAL HOTEL,
GALAXY PLAZA, KHADE BAZAR,
BELAGAVI-590001.
4. MRS. ZAHEDA BEGUM W/O. ARIF SHAIKH
AGE: 34 YEARS, OCC: HOUSEWIFE,
R/O. CTS NO.3059, NEAR SHEETAL HOTEL,
GALAXY PLAZA, KHADE BAZAR,
BELAGAVI-590001.
...APPELLANTS
(BY SRI. M. K. SOUDAGAR, ADVOCATE)
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NC: 2024:KHC-D:10477
MFA No. 100036 of 2019
C/W MFA No. 100037 of 2019
AND:
1. SHRI. YAMANAPPA S/O. HANAMANTH
BAJANTRI @ KORAVI,
AGE: 52 YEARS, OCC: FRUIT VENDOR (NOW NIL),
R/O. ALAKHANUR, TAL:RAIBAG,
DIST: BELAGAVI-591220.
NOW RESIDING AT ANGOL,
BELAGAVI-590006.
2. THE MANAGER,
RELIANCE GENERAL INSURANCE COMPANY LTD.,
REGISTERED OFFICE AT RELIANCE CENTRE-19,
WALCHAND HIRACHAND MARG,
BAILARD ESTATE, MUMBAI-400001.
...RESPONDENTS
(BY SRI. VITTHAL S. TELI, ADV. FOR R1;
SRI. G. N. RAICHUR, ADV. FOR R2)
THIS MFA IS FILED U/S.173(1) OF THE MOTOR VEHICLE ACT,
PRAYING TO CALL FOR RECORDS IN CASE MVC NO.2665/2016, ON
THE FILE OF THE VI ADDL. DIST AND SESSIONS JUDGE AND ADDL.
M.A.C.T, BELAGAVI AND SET ASIDE THE JUDGMENT AND AWARD
DATED 09/11/2018 BY ALLOWING THIS APPEAL WITH COST AND
ETC.
IN MFA NO. NO. 100037 OF 2019
BETWEEN:
SAYAD KHATOON W/O. ZAHEER AHMED,
SINCE DECEASED REPRESENTED
BY HER LEGAL HEIRS,
1. MR. K. ZAMEER AHMED S/O. ZAHEER AHMED,
AGE: 39 YEARS, OCC: SERVICE,
R/O. CTS NO.3059, NEAR SHEETAL HOTEL,
GALAXY PLAZA, KHADE BAZAR,
BELAGAVI-590001.
2. MRS. ZAHEERA BEGUM
W/O. ASHPAQUE AHMED PATIL,
AGE: 38 YEARS, OCC: HOUSEWIFE,
R/O. CTS NO.3059, NEAR SHEETAL HOTEL,
GALAXY PLAZA, KHADE BAZAR, BELAGAVI-590001.
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NC: 2024:KHC-D:10477
MFA No. 100036 of 2019
C/W MFA No. 100037 of 2019
3. MR. ZAKI AHMED S/O. ZAHEER AHMED
AGE: 36 YEARS, OCC: BUSINESS,
R/O. CTS NO.3059,
NEAR SHEETAL HOTEL,
GALAXY PLAZA, KHADE BAZAR,
BELAGAVI-590001.
4.. MRS. ZAHEDA BEGUM W/O. ARIF SHAIKH
AGE: 34 YEARS, OCC: HOUSEWIFE,
R/O. CTS NO.3059, NEAR SHEETAL HOTEL,
GALAXY PLAZA, KHADE BAZAR,
BELAGAVI-590001.
...APPELLANTS
(BY SRI. M. K. SOUDAGAR, ADVOCATE)
AND:
1. SHRI. BALESH S/O. BHIMAPPA MALAJURE,
AGE: 44 YEARS, OCC: FRUIT VENDOR (NOW NIL),
R/O. ALAKHANUR, TAL: RAIBAG,
DIST: BELAGAVI-591220,
NOW RESIDING AT ANGOL,
BELAGAVI-590006.
2. THE MANAGER,
RELIANCE GENERAL INSURANCE COMPANY LTD.,
REGISTERED OFFICE AT RELIANCE CENTRE-19,
WALCHAND HIRACHAND MARG,
BAILARD ESTATE, MUMBAI-400001.
...RESPONDENTS
(BY SRI. VITTHAL S. TELI, ADV. FOR R1;
SRI. G. N. RAICHUR, ADV. FOR R2)
THIS MFA IS FILED U/S.173(1) OF THE MOTOR VEHICLE ACT,
PRAYING TO CALL FOR RECORDS IN CASE MVC NO.2664/2016, ON
THE FILE OF THE VI ADDL. DIST AND SESSIONS JUDGE AND ADDL.
M.A.C.T, BELAGAVI AND SET ASIDE THE JUDGMENT AND AWARD
DATED 09/11/2018 BY ALLOWING THIS APPEAL WITH COST AND
ETC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 100036 of 2019
C/W MFA No. 100037 of 2019
JUDGMENT
Heard learned counsel for the appellants and learned
counsel for respondents in both the appeals.
2. MFA.No.100036/2019 and MFA.No.100037/2019
have filed by the insured-owner of the offending vehicle
challenging the liability fastened on him by judgment and
award dated 09.11.2018 in MVC.No.2664/2016 and
MVC.No.2665/2016 on the file of learned VI Additional
District & Sessions Judge and Additional MACT, Belagavi
("the Tribunal" for short).
3. The brief facts of the claimants case as under:
The claimants filed claim petition before he Tribunal
under Section 166 of Motor Vehicles Act, 1988 ("M.V.Act" for
short) on account of injuries sustained by the claimants in
both the appeals in a road traffic accident that took place on
29.04.2014, when the claimants were proceeding on Hero
Honda Passion Pro motorcycle bearing registration
No.KA.22/EF-4437 from Angol towards Hirebagewadi. At that
time, the claimant in MVC.No.2665/2016 Sri Yamanappa was
NC: 2024:KHC-D:10477
riding the motorcycle and claimant in MVC.No.2664/2016
Balesh was the pillion rider. When they reached NH.4
Bagewadi to Belagavi road near the house of one S.P.Patil
within the limits of Kondaskoppa village at about 1.30 p.m.,
the driver of the TATA Indigo LS-TDI bearing registration
No.KA.29/7227 came from hind side in a rash and negligent
manner and dashed to the motorcycle from backside. Hence,
the claimants sustained severe injuries and they were shifted
to hospital for treatment.
4. Hence, the First informant lodged the complaint,
this led to registration of FIR and investigation.
5. On the basis of oral and documentary evidence,
the Tribunal awarded compensation of Rs.58,188/- to the
claimant in MVC.No.2664/2016 and Rs.9,165/- to the
claimant in MVC.No.2665/2016, considering the oral
evidence of PWs.1 & 3 and RW.1 and documents at Exs.P.1
to 14 and Ex.R.1 and R.2. However, the liability was fastened
on the insured-owner of TATA Indigo LS TDI bearing
registration No.KA.29/7227.
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6. Being aggrieved by the judgment and award the
owner of the offending vehicle, preferred these appeals
contending that the tribunal without considering the ratio laid
down in the case of Mukund Dewangan Vs. Oriental
Insurance Company Limited and others1 wherein the
Hon'ble Apex Court exonerated the owner of the offending
vehicle from liability to pay compensation to the claimant
and in fact, the insurance company-respondent No.2 is held
responsible to pay entire compensation on behalf of owner of
the offending vehicle.
7. Having heard the learned counsel for the parties
and perused the impugned judgment and in the light of the
grounds urged by the respective counsels, it is clear that the
driver of Car drove the same in a rash and negligent manner
and dashed to the rider and pillion rider of the motorcycle.
Hence, the rider and pillion rider sustained injuries.
8. Insofar as the contention of the Insurance
Company is concerned, whether a person holding driving
licence to drive light motor vehicle is competent to drive
2017 ACJ 2011
NC: 2024:KHC-D:10477
transport vehicle or mini bus, the gross vehicle weight of
which does not exceed 7500 kgs or motor car or tractor or a
road roller, the unladen weight of which does not exceed
7500 kgs. Hence, no separate endorsement in the licence is
required to drive transport vehicle or light motor vehicle
class.
9. Therefore, the ratio laid down in the case of
Mukund Dewangan's (supra) has covered the issue, as
contended by the counsel for the Insurance Company.
Therefore, the Insurance Company is liable to pay entire
compensation on behalf of the appellant - owner of the
vehicle. Hence, on careful consideration of the entire
material on record and documentary evidence on record, this
Court is of the considered opinion that the Tribunal has
wrongly saddled the responsibility on the owner of the
vehicle, rather it saddled responsibility on Insurance
Company. Hence, the judgment and award passed by the
Tribunal requires interference to the extent discussed
hereinabove. Accordingly, I pass the following:
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ORDER
(i) The appeals are allowed in part.
(ii) The judgment and award dated 09.11.2018
passed in M.V.C.No.2664/2016 and
M.V.C.No.2665/2016 by the learned VI Addl.
Dist. & Sessions Judge and Addl. M.A.C.T.,
Belagavi, is hereby confirmed. However, liability
is saddled upon respondent No.2 - Insurance
Company, instead of owner of offending vehicle.
(iii) Respondent No.2 - Insurance Company is
directed to pay entire compensation amount
with interest at the rate of 6% per annum from
the date of petition till the date of payment.
(iv) The amount deposited by the appellant be
refunded on proper identification.
Sd/-
JUDGE
EM,RSH/ ct-an
