Sri Appaiahappa vs Sri Elaiyaraja D P
2024 Latest Caselaw 27120 Kant

Karnataka High Court

Sri Appaiahappa vs Sri Elaiyaraja D P on 12 November, 2024

Author: N S Sanjay Gowda

Bench: N S Sanjay Gowda

                                              -1-
                                                            NC: 2024:KHC:45874
                                                       MFA No. 1687 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 12TH DAY OF NOVEMBER, 2024

                                            BEFORE
                          THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                        MISCELLANEOUS FIRST APPEAL NO. 1687 OF 2018
                                            (MV-I)
                   BETWEEN:

                   1.    SRI APPAIAHAPPA
                         S/O LATE MUNIYAPPA,
                         AGED ABOUT 48 YEARS
                         PERMANENT RESIDENT OF
                         NOOTVE VILLAGE AND POST
                         MALUR TALUK KOLAR DISTRICT
                         NOW RESIDING AT
                         CHOWDESHWARI NAGAR
                         KOLAR - 563101
                                                                  ...APPELLANT
                   (BY SRI. GOPAL KRISHNA N., ADVOCATE)

                   AND:

                   1.    SRI ELAIYARAJA D P
Digitally signed
                         S/O PACHIAPPA, MAJOR IN AGE
by KIRAN
KUMAR R                  RESIDING AT NO 10,
                         NATHAMPATIYAM VATTAM
Location: HIGH
COURT OF                 KUPPA GOUNDER STREET,
KARNATAKA                DHARMAPURI, TAMIL NADU - 636701.

                   2.  THE NEW INDIA ASSURANCE COMPANY LTD
                       BAGALUR MANSION,
                       2ND FLOOR, BIG BAZAAR KOLAR - 563101
                       REP BY ITS MANAGER
                                                             ...RESPONDENTS
                   (BY SRI. K.N.SRINIVASA., ADVOCATE FOR R-2;
                       R-1 IS SERVED AND UNREPRESENTED)
                                       -2-
                                                       NC: 2024:KHC:45874
                                                    MFA No. 1687 of 2018




     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:07.09.2017
PASSED IN MVC NO.270/2013 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE, CJM, MACT, KOLAR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

    THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:       HON'BLE MR JUSTICE N S SANJAY GOWDA

                            ORAL JUDGMENT

1. The claimant is in appeal being aggrieved by exoneration

of liability of the insurer and also seeking enhancement.

2. The Tribunal has come to the conclusion that the accident

did occur, but it has exonerated the insurer, since the

driver of the offending vehicle possessed a fake licence.

3. In view of the judgment of the Apex Court in the case of

Pepsu1, wherein it has held that even in cases where it is

found that the driver of the offending vehicle possessed a

fake licence, the insurer would have to nevertheless pay

the compensation and thereafter recover the same from

the owner of the offending vehicle, the insurer is directed

Pepsu Road Transport Corporation Vs. National Insurance Company Limited - AIR 2014 SC 305

NC: 2024:KHC:45874

to pay the compensation amount and thereafter shall

recover the same from the owner of the offending vehicle.

4. As far as compensation is concerned, it is noticed that the

Tribunal after considering all the relevant factors has

awarded the compensation of Rs.8,81,200/-, which, in my

view, is just and proper.

5. Consequently, the award of the Tribunal is modified only

to the extent that the insurer is liable to pay the

compensation. However, it is open to the insurer to

proceed against the owner of the offending vehicle to

recover the same.

6. The appeal is accordingly allowed in part.

Sd/-

(N S SANJAY GOWDA) JUDGE

PKS