Karnataka High Court
Sri. Ajinkya S/O Deepak Gandhi vs Sri. Jaideep And Ors on 4 March, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-K:1919-DB
MFA No.200931 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
MISCL. FIRST APPEAL NO.200931 OF 2019 (MV-I)
BETWEEN:
SRI. AJINKYA
S/O DEEPAK GANDHI
AGE: 29 YEARS, OCC: LECTURER
R/O C/O B.H. KULKARNI HOUSE
GANGAPURAM, BHAVSAR NAGAR
DARGA JAIL ROAD, VIJAYAPUR - 586 101.
...APPELLANT
(BY SRI B.K.HIREMATH, ADVOCATE)
Digitally signed by
AND:
VARSHA N
RASALKAR
Location: HIGH 1. SRI. JAIDEEP
COURT OF
KARNATAKA S/O DENNIS KUTINHA
AGE: 51 YEARS
OCC: OWNER OF THE PRIVATE
BUS NO.KA-19/C-5909
R/O FLAT NO.203, II FLOOR
SHRINIDHI APARTMENTS
J.B. LOBO LANE, KOTTARACHOWKI
MANGALORE - 575 001.
2. THE GENERAL MANAGER
CHOLAMANDAL GENERAL INSURANCE CO. LTD.
UNIT NO.4, 6TH FLOOR
GOLDEN HEIGHTS COMPLEX
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NC: 2024:KHC-K:1919-DB
MFA No.200931 of 2019
59TH C INDUSTRIAL SUBURB
RAJAI NAGAR, BENGALURU - 560 010.
...RESPONDENTS
(BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE FOR R2;
V/O. DATED 04.03.2024 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS AND SET
ASIDE THE ORDER PASSED BY THE PRINCIPAL SENIOR CIVIL
JUDGE & M.A.C.T.-V AT VIJAYAPURA IN M.V.C.NO.300/2016
ON DATED 08.03.2019 AND GRANT THE COMPENSATION
AMOUNT OF RS.22,36,600/- AS PRAYED FOR HOLDING THE
RESPONDENTS LIABLE TO PAY THE COMPENSATION TO THE
APPELLANT, IN THE INTEREST OF JUSTICE.
THIS MFA COMING ON FOR ORDERS THIS DAY
H.T.NARENDRA PRASAD J., DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') has been
filed by the claimant challenging the order dated
08.03.2019 passed by the Principal Senior Civil Judge &
MACT-V, Vijayapur in MVC No.300/2016 whereby the
claim petition against respondent No.2 has been dismissed
as not maintainable on the ground that the petition
NC: 2024:KHC-K:1919-DB
against respondent No.1 was dismissed earlier and it was
not recalled.
2. The appellant/claimant filed a claim petition under of
the Motor Vehicles Act, 1988 (hereinafter referred to as
'the Act', for short) before the Tribunal seeking
compensation for the injuries suffered by him in the road
traffic accident occurred on 08.02.2014.
3. In the claim petition, the owner of the offending
vehicle has been made as respondent No.1 and insurer of
the offending vehicle has been made party as respondent
No.2. Since no steps have been taken in respect of
respondent No.1, the claim petition against respondent
No.1 has been dismissed on 28.02.2018. Though the
petition has been listed before the Court on several times,
no application has been filed to recall the order dated
28.02.2018. Therefore, the Tribunal passed an order dated
08.03.2019 stating that since the petition against
respondent No.1 was dismissed earlier, the claim petition
only in respect of insurer/respondent No.2, is not
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maintainable and dismissed the claim petition as not
maintainable.
4. However, the learned counsel appearing for the
appellant submits that if this Court allows the appeal and
remands the matter to the Tribunal, the appellant will file
an application to recall the order dated 28.02.2018 and
will take necessary steps to serve notice to respondent
No.1. On the other hand, the learned counsel appearing
for respondent No.2/Insurance Company submits that in
spite of granting sufficient opportunities, no steps have
been taken to serve notice to the owner of the offending
vehicle i.e. respondent No.1 herein. Hence, the claim
petition against Insurance Company is not maintainable.
The Tribunal has rightly dismissed the claim petition
against respondent No.2 as not maintainable.
5. Be that as it may, in the interest of justice, if the
matter is remanded back to the Tribunal, no prejudice
would cause to either of the parties. Hence, we are of the
opinion that the order dated 28.02.2018 requires to be set
aside and the matter has to be remitted back to the
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Tribunal with liberty to file an application to recall the
order dated 28.02.2018.
6. Accordingly, we pass the following order:
ORDER
a) The appeal is allowed.
b) The order dated 08.03.2019 passed by the Principal
Senior Civil Judge & MACT-V, Vijayapur in MVC
No.300/2016, is set aside.
c) The matter is remitted back to the Tribunal with
liberty to the claimant to file an application to recall
the order dated 28.02.2018.
d) The appellant and respondent No.2 are directed to
appear before the Tribunal on 03.04.2024 without
awaiting for any notice from the Trial Court.
Sd/-
JUDGE
Sd/-
JUDGE
HA
Ct;Vk
