Two cross appeals filed against a Motor Accident Claims Tribunal award. The court held the insurer liable to pay enhanced compensation due to failure to prove the rider lacked a license, and dismissed the insurer's appeal.
Compensation enhanced by Rs 15,000 with 6% interest; Appeal by insurer dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated this the 19th day of June, 2014
Before
THE HON’BLE MR JUSTICE HULUVADI G RAMESH
Miscellaneous First Appeals 332 c/w 643 / 2009 (MV)
Between:
In MFA 332/2009
Branch Manager National Insurance Company Ltd Gandhi Bazaar Main Road Basavanagudi, Bangalore By duly constituted Attorney Manager Legal
Appellant
(By Sri M S Sriram, Adv.)
And:
Respondents
(By Sri Pavan Chandra Shetty, Adv. For R1)
2
In MFA 643 / 2009
Laxmamma W/o late Channaiah 61 yrs, R/a # 190, I Floor Vasanthapura Road Konanakunte Cross, Bangalore Appellant
(By Sri Pavan Chandra Shetty, Adv.)
And
(By Sri M S Sriram, Adv. For R2)
First Appeals are filed under S.173(1) of the Motor Vehicles Act praying to set aside the order dated 8.9.2008 in MVC 4763/2007 by the MACT, Bangalore.
First Appeals coming on for hearing this day, Court delivered the following:
JUDGMENT
These two appeals are directed against the award passed by the
Addl. MACT, Bangalore in MVC 4763/2007 on 8.9.2008.
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Claimant is the wife of the deceased Channaiah.. On 29.5.2007 in
the afternoon around 12.15 p.m. on Kanakapura Road, Vasanthapura Cross while the deceased was crossing the road, the rider of a hero Honda vehicle bearing No.KA 51 J 7984 came in a rash and negligent manner and dashed against Channaiah. Channaiah having sustained head injury was first shifted to Siddalingappa Hospital and later to NIMHANS where he succumbed to the injuries on 31.5.2007. Stating that he was earning Rs.3,000/- as Watchman, claim petition was filed by the wife. The matter was contested and it was contended the rider of the motorcycle had no valid driving license as on the date of the accident and accordingly, sought dismissal of the claim petition absolving the liability on the insurer of the vehicle. The Tribunal, after inquiry, having framed issues held that the accident was due to the negligence of the rider of the motorcycle in question and awarded compensation of Rs.1,81,200/- with 6% interest. Not satisfied with the compensation appeal is filed by the claimant seeking enhancement. On the other hand, questioning the fastening of liability on the insurer and not on the insured, insurer is before this Court.
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Heard the counsel representing the parties.
Counsel representing the claimant submitted that this Court in MFA 865/2011 decided on 19.9.2013, in similar circumstance, ordered to pay and recover as against the insurer on the ground that the insurance company has neither examined investigating officer / RTO nor produced any endorsement in this regard and also referred to the case of Oriental Insurance Company Ltd Vs Ramesh B Jain & Ors - ILR 2003 KAR 5164 in which case the insurer failed to substantiate the contention in order to escape from liability to pay compensation. The stand taken in the other connected matter which was disposed of is, the insurer did not prove its stand of the rider not having valid driving license. Accordingly, it is his submission, there shall be an order of pay and recover and he also seeks enhancement of compensation.
Counsel representing the insurer submitted, when there is no driving license available, question of fastening liability on the insurance
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company does not arise and thus sought absolving the liability on the insurance company.
In the fact situation, for want of examining the investigation officer regarding absence of driving license, the insurance company has to be held liable to pay compensation with liberty to recover in view of the parallel Bench decision rendered by this Court in the decision noted above. Further, the compensation is enhanced to another Rs.15,000/over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months.
Appeal of the claimant is allowed in part. Insurance Company appeal is dismissed.
Sd/- Judge
An
3 issues framed by the court
Whether the insurance company is liable to pay compensation when the insurer failed to prove the rider's lack of a valid driving license.
Whether compensation awarded by the Tribunal should be enhanced in light of the failure to examine the investigating officer.
Whether the insurer's challenge regarding the fastening of liability on the insured rather than the insurer succeeds.
Colour shows how this judgement treated each authority
MFA 865/2011Referred¶35
Oriental Insurance Company Ltd Vs Ramesh B Jain & OrsReferred¶35
Oriental Insurance Company Ltd Vs Ramesh B Jain & Ors - ILR 2003 KAR 5164 · Who else cites this
1 provisions across 1 enactments
Branch Manager National Insurance Company Ltd
Smt Laksmamma
Sri Narayanappa
National Insurance Company Ltd
HULUVADI G RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
HULUVADI G RAMESH
Parties & counsel
