Appeal by an insurance company against a Tribunal award in a fatal pillion-rider accident, contesting liability for alleged absence of driving licence and quantum of Rs.10,32,000. Court held no evidence proved lack of licence and found quantum fair; appeal dismissed.
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NC: 2024:KHC-D:9407 MFA No. 100923 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.100923 OF 2015 (MV-D)
BETWEEN:
THE MANAGER THE NATIONAL INSURANCE CO. LTD. SUJATHA COMPLEX OPP. INDERA GLASS HOUSE, HUBBALLI. REPRESENTED BY DEPUTY MANAGER THE NATIONAL INSURANCE CO. LTD REGIONAL OFFICE, ARIHANTA PLAZA, KUSUGAL ROAD HUBBALLI.
…APPELLANT
(BY SRI S.V. YAJI, ADVOCATE)
AND:
Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC-D:9407 MFA No. 100923 of 2015
OCC. NIL, R/O. CHIKKAGANGUR , NOW AT MOTEBUNNAR, TALUK: BYADAGI.
…RESPONDENTS
(BY SRI SANTOSH S. HATTIKATAGI, ADV. FOR SMT. PALLAVI PALEKAR, ADV. FOR R1 TO R3; NOTICE TO R-5 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED AGAINST THIS APPELLANT DATED 02.12.2014 PASSED BY THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, IT COURT, BYADAGI IN MVC NO.615/2012 BY ALLOWING THE APPEAL AND DISMISSING THE CLAIM PETITION AGAINST THE APPELLANT AND ETC.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC-D:9407 MFA No. 100923 of 2015
J U D G M E N T
The appellant – Insurance Company has filed this appeal challenging the judgment and award of the Tribunal on the ground of both on liability and quantum.
company and learned counsel for respondents-claimants.
hereunder:
On 08.01.2012 at about 9.45 p.m., the deceased Bhuvaanesh was proceeding as a pillion rider along with rider of the motorcycle bearing registration No.KA 17/EF-1647 near Nelageri Village, at that time, the rider lost his control over the motorcycle and dashed against the pedestrian i.e., petitioner in MVC No.616/2012 and caused the accident. Due to the said accident, the pillion rider Bhuvaanesh also sustained injuries and was shifted to Channagiri hospital for treatment and thereafter, he was referred to SSIMS hospital, Davanagere and he succumbed to the accidental injuries. Hence, the first
informant lodged the complaint which led to registration of FIR and investigation.
had occurred solely due to rash and negligent driving of the motor cycle bearing registration No.KA 17/EF-1647. In order to establish the contention of the claimants, he relied upon FIR, complaint, spot panchanama, seizure panchanama, charge sheet, inquest panchanama, post mortem report and M.V. Inspection report vide Exs.P1 to P10.
PWs.1 and 2, it appears that deceased-pillion rider had accompanied PW.1 and hence, after two days of the incident, he lodged the complaint and thus the delay has been explained. The registration of FIR and taking cognizance on the basis of the charge sheet filed by the police have not been challenged by the Insurance Company, which shows that the delay in lodging the complaint has been properly explained by the first informant.
of the vehicle or the rider of the motorcycle to furnish the driving licence. No evidence of concerned RTO is adduced before the Tribunal. Similarly, the Investigating Officer has also not filed any charge sheet to that effect. In the absence of any cogent and material particulars, the Insurance company cannot maintain the contention that the driver was not possessing any driving licence and on this ground, it cannot avoid its liability. Hence, the Insurance company is held liable to pay the compensation. Thus, there is no merit in the contention of Insurance Company.
ORDER
NC: 2024:KHC-D:9407 MFA No. 100923 of 2015
Sd/JUDGE
MN List No.: 1 Sl No.: 80
2 issues framed by the court
Whether the insurer could avoid liability on the ground that the motorcycle rider lacked a valid driving licence?
Whether the compensation awarded by the Tribunal was just and reasonable?
Colour shows how this judgement treated each authority
Ranjana Prakash and Ors vs The Divisional Manager and AnrReferred
2012 AIR SCW 848 · Who else cites this
2 provisions across 1 enactments
The Manager The National Insurance Co. Ltd., Hubballi
Roopa W/o. Bhuvanesh
Bhagya D/o. Bhuvanesh
Shivakumar S/o. Bhuvanesh
Neelamma W/o. Shiddappa
Mallikarjunappa S. S/o. Basalingappa
Venkatesh Naik T
As recorded by the court registry
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