Karnataka High Court
Sri Omkar Aradhya vs Sri Gangadhar on 22 October, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:42352
MFA No. 321 of 2014
C/W MFA No. 320 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 321 OF 2014 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO. 320 OF 2014 (MV)
IN MFA No. 321/2014
BETWEEN:
1. SRI OMKAR ARADHYA,
S/O T S PARAMESHWARAPPA,
AGED ABOUT 50 YEARS,
R/A H.NO.22/208,
"MOOKAMBIKA NILAYA"
BEHIND PRATHIMA STORE,
MARUTHINAGARA, ARASIKERE TOWN,
HASSAN DIST-573201.
...APPELLANT
(BY SRI SHIVAPRAKASH G K, ADVOCATE)
AND:
Digitally signed by
PAVITHRA B
Location: HIGH 1. SMT SWETHA,
COURT OF
KARNATAKA W/O SHANTHARAJU,
AGED ABOUT 27 YEARS,
R/O I MAIN ROAD, MARALURU DHINNE,
TUMKUR TOWN, TUMKUR DISTRICT,
AND ALSO AT:
C/O LAKSHMAMMA,
W/O PAPANNA, D M ROAD,
BALE GADDHE, SAKLESHPURA TOWN - 572101,
HASSAN DISTRICT.
-2-
NC: 2024:KHC:42352
MFA No. 321 of 2014
C/W MFA No. 320 of 2014
2. THE BRANCH MANAGER,
UNITED INSURANCE CO LTD.,
POST BOX NO.108, B M ROAD,
HASSAN-573201.
...RESPONDENTS
(BY SRI S KRISHNA KISHORE, ADVOCATE FOR R2,
V/O/DT 23.09.2024 SERVICE OF NOTICE IN RESPECT OF R1 IS
HELD SUFFICIENT)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 3.12.2013 PASSED IN MVC
NO.1040/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE,
JMFC, MACT, SAKLESHPUR, AWARDING A COMPENSATION OF
RS.1,00,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF
PETITION TILL REALIZATION OF THE AWARD.
IN MFA NO. 320/2014:
BETWEEN:
1. SRI OMKAR ARADHYA
S/O T.S.PRAMESHWARAPPA,
AGED ABOUT 50 YEARS,
R/AT H.NO.22/208,
"MOOKIAMBIKA NILAYA",
BEHIND PRATHIMA STORES,
MARUTHINAGARA, ARASIKERE TOWN,
HASSAN DISTRICT 573201.
...APPELLANT
(BY SRI SHIVAPRAKASH G K, ADVOCATE)
AND:
1. SRI GANGADHAR,
S/O CHIKKAMALAIAH,
AGED ABOUT 42 YEARS,
R/OF AMMANAHATTI,
ARASIKERE TALUK, HASSAN DISTRICT,
AND ALSO AT:
-3-
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MFA No. 321 of 2014
C/W MFA No. 320 of 2014
C/O SHIVANNA,
S/O RAJAIAH,
R/O KUSHALANAGARA EXTENSION,
II CROSS, SAKSLESHPURA TOWN - 573134,
HASSAN DISTRICT.
2. THE BRANCH MANAGER,
UNITED INSURANCE CO.,LTD.,
POST BOX NO.108, B.M.ROAD,
HASSAN-5473201.
...RESPONDENTS
(R1 SERVED AND REPRESENTED,
SRI S KRISHNA KISHORE, ADV. FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 3.12.2013 PASSED IN MVC
NO.1042/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE,
JMFC, MACT, SAKLESHPUR, AWARDING A COMPENSATION OF
RS.19,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF
PETITION TILL REALIZATION OF THE AWARD.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
1. These two appeals are filed by the owner of the
lorry bearing No.KA-13-A-2604 questioning the liability
fastened on him.
2. Factum of accident, injury sustained and also
the Maxi Cab No.KA-11-4604 got damaged are not in
dispute.
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3. The Tribunal while awarding compensation has
fastened the liability on the owner of the lorry No.KA-13-
A-2604 on the reason that as on the date of accident the
driver of lorry was not having a driving license to drive
transport vehicle as the vehicle involved is medium goods
lorry which is the transport vehicle. Therefore, on this
reason, the Tribunal has fastened liability on the owner
which is now under challenge in these appeals.
4. Admittedly, in the present case, the offending
vehicle is lorry No.KA-13-A-2604 which is a medium goods
vehicle means it is a transport vehicle. The insurance
company has taken a contention that the driver did not
have driving license to drive medium goods vehicle-
transport vehicle as on the date of accident. For driving
transport vehicle, the driving license was valid from
13.07.1984 to 12.07.1987 and subsequently, the license
for heavy passenger was issued from 04.02.1985 to
02.09.2011. The accident caused on 05.05.2012. The
appellant has not produced any evidence to show that the
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driving license was got renewed so as to drive medium
goods vehicle-transport vehicle. Therefore, there is no
evidence to prove that the driver was holding driving
license to drive medium goods vehicle as on the date and
time of the accident. Therefore, the Tribunal is correct in
fastening liability on the appellant to pay compensation
which needs no interference. Hence, the appeals on this
ground are liable to be dismissed.
5. In M.F.A. No.321/2014 which is pertaining to
M.V.C. No.1040/2012, the vehicle Maxi Cab was
completely damaged as it is proved from Ex.P6
proceedings issued by RTO Tumkur dated 27.06.2012.
Therefore, the Maxi Cab was not in a repairable condition
as it is completely damaged. Accordingly, the Tribunal
granted damages of Rs.1,00,000/- to the claimant which is
found to be correct and justified.
6. Further, in the case of M.F.A. No.320/2014
arising out of M.V.C. No.1042/2012 the Tribunal granted
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compensation of Rs.19,000/- to the claimant. The
claimant has suffered laceration wound over the right
eyebrow region 3x2x1 cm with bony deep and other
injuries on the ankle. Therefore, considering the medical
expenses spent towards treatment and considering the
injury sustained, the compensation of Rs.19,000/- granted
by the Tribunal is also found to be correct and justified.
Therefore, on the quantum also there is no need to be any
interference in both the appeals. Therefore, the appeals
are liable to be dismissed.
Accordingly, I proceed to pass the following
ORDER
i. M.F.A No.321/2014 arising out of M.V.C
No.1040/2012 and M.F.A No.320/2014 arising
out of M.V.C No.1042/2012 are dismissed.
ii. The impugned judgment and awards both dated
03.12.2013 passed by the Senior Civil Judge
and M.A.C.T, Sakaleshpur, are confirmed.
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iii. No order as to costs.
iv. Registry is directed to transmit the TCR along
with copy of this order to the Tribunal forthwith.
v. The amount in deposit, if any, shall be
transmitted to the Tribunal along with records.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
CHS
