Karnataka High Court
Thippeswamy Rao S/O K Bharmoji Rao vs Pampana Gouda S/O Thimmana Gouda on 4 June, 2024
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NC: 2024:KHC-D:7418
MFA No. 100882 of 2019
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.100882/2019 (MV-I)
BETWEEN:
THIPPESWAMY RAO S/O. K. BHARMOJI RAO,
AGE: 53 YEARS, OCC: PIGMY AGENT,
R/O. TAILOR STREET, VITOBHA NAGAR,
COWL BAZAAR, WARD NO.24, BALLARI-583101.
...APPELLANT
(BY SRI. B. S. SANGATI, ADVOCATE)
AND:
1. PAMPANA GOUDA S/O. THIMMANA GOUDA,
AGE: 38 YEARS, OCC: DRIVER CUM OWNER OF THE
MOTOR CYCLE BEARING REG.NO.KA-34/X-4635,
R/O. HALAKUNDI VILLAGE, TQ: BALLARI,
DIST: BALLARI-583101.
Digitally
signed by
MANJANNA 2. THE MANAGER,
E M/S. NATIONAL INSURANCE CO. LTD,
Location:
HIGH PARVATHI NAGAR, MAIN ROAD, BALLARI-583101.
COURT OF ...RESPONDENTS
KARNATAKA
(BY SRI. S. V. YAJI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF THE MOTOR VEHICLES ACT,
1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING
THE JUDGMENT AND AWARD DATE 26.12.2018 PASSED IN
M.V.C.NO.666/2016 BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XI
AND IIND ADDITIONAL SENIOR CIVIL JUDGE, BALLARI AND FIXING
THE LIABILITY AGAINST RESPONDENT NO.2 INSTEAD OF
RESPONDENT NO.1, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 100882 of 2019
JUDGMENT
Heard learned counsel for the appellant and respondent
No.2 on admission. With the consent of learned counsel for
the parties, the matter is taken up for final disposal at the
admission stage itself.
2. The claimant has filed this appeal under Section
173(1) of the Motor Vehicles Act, 1988 ("MV Act" for short)
seeking to enhance the compensation modifying the
judgment and award dated 26.12.2018 passed in
MVC.No.666/2016 by the Motor Accident Claims Tribunal-11
and II Additional Senior Civil Judge, Ballari ("the Tribunal"
for short), on account of injuries sustained by the claimant in
the road traffic accident that took place on 03.12.2015 at
12.30 noon, when the claimant was proceeding by walk
along with his son from BUDA complex to Sai Ganesh
Temple. At that time respondent No.1, who is rider cum
owner of motorcycle bearing registration No.KA.34/X-4635
came from APMC towards Mothi Circle with high speed and
negligent manner dashed against the claimant. Due to the
said impact, the claimant fell down and sustained severe
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injuries. Hence, he was shifted to VIMS Hospital, Ballari for
treatment, where he took treatment as inpatient for 10 days
and spent more than Rs.1,00,000/-. Due to the said
accident, the claimant is not in a position to sit and stand,
squat and walk and he did not attend his work properly.
Accordingly, the claimant filed claim petition seeking
compensation.
3. The Tribunal considering the oral evidence of
claimant and doctor and based on Exs.P.1 to P.50 has
awarded compensation of Rs.1,47,124/- and saddled liability
on the rider cum owner of the vehicle bearing registration
No.KA.34/X-4635 to pay compensation. Being aggrieved by
the same, the claimant preferred this appeal seeking
enhancement of compensation and for fixing the liability on
respondent No.2-Insurance Company.
4. Learned counsel for the appellant contended that,
the Tribunal has awarded compensation of Rs.1,47,124/-,
which is on lower side. As on the date of accident the
insurance policy was in force and rider cum owner of the
motorcycle bearing registration No.KA.34/X-4635 was
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holding valid and effective driving licence to ride the
motorcycle. But the Tribunal shifts liability on rider cum
owner of motorcycle.
5. In support of his contention, the appellant also
filed I.A.No.1/2024 under Order XLI Rule 27 read with
Section 151 of CPC seeking permission to produce copy of
the driving licence of the rider of motorcycle, copy of the
Registration certificate of the motorcycle and copy of the
insurance policy and the learned counsel for the claimant
prayed to remand the matter for consideration of these
documents and to saddle the liability on the insurer of the
offending motorcycle. Thus, prayed to remand the matter.
6. Sri S.V.Yaji, learned counsel for respondent No.2-
Insurance Company submits that, he has no objection to
remand the matter to the Tribunal for consideration of
driving licence and other documents relied upon by the
claimant. Submission of the learned counsel for respondent
No.2 is placed on record.
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7. In view of the submission made by learned
counsel appearing for the claimant and learned counsel for
respondent No.2-Insurance Company and the fact that in the
absence of driving licence of rider cum owner of motorcycle,
the Tribunal made owner, liable to pay compensation. The
insurance policy was in force at the time of accident. Now
the copy of the driving licence of rider of the motorcycle is
produced before this Court, thus, it is just and necessary to
remand the matter to the Tribunal for consideration afresh.
8. Hence, the appeal is allowed. The judgment and
award dated 26.12.2028 passed in MVC.No.666/2016 by the
Motor Accident Claim Tribunal No.11 and II Additional Senior
Civil Judge, Ballari is hereby set aside and the matter is
remanded back to the Tribunal for fresh consideration of
driving licence of respondent No.1 i.e., rider cum owner of
the motorcycle bearing registration No.KA.34/X-4635 and to
dispose the matter in accordance with law.
9. The claimant and respondents are directed to
appear before the Tribunal on 15.07.2024.
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10. The Tribunal is directed to dispose the matter
expeditiously considering the age and litigation.
11. The registry is directed to send copy of this
judgment to the concerned Tribunal forthwith.
12. In view of the disposal of this appeal, pending
applications, if any, do not survive for consideration
accordingly the same are disposed off.
Sd/-
JUDGE
EM/ct-an
