United India Insurance Co. Ltd. Vs Sri Mahadevappa — Motor Accident Claims | Karnataka HC (2025)

United India Insurance Co. Ltd. Vs Sri Mahadevappa — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

MFA No. 6149/2014 (Shriram General Insurance, tipper insurer) allowed-in-part: matter remanded to the Tribunal to frame an additional issue on the lorry driver's driving licence and liability, with liberty to the parties to adduce evidence and examine the driving licence, and all liability contentions kept open. MFA No. 5406/2016 (United India Insurance, bus insurer) and MFA.CROB No. 14/2015 (claimants' enhancement cross-objection) dismissed.

Issue for consideration

Whether the matter required remand because the Tribunal failed to frame an issue on the alleged non-holding of a valid and effective driving licence by the lorry driver, going to the liability of the lorry insurer. +2 more

Court's answer

On perusal of the record, this Court found that although the Tribunal had granted compensation, it had framed no issue with regard to the non-holding of a valid and effective driving licence by the lorry driver.

Ratio / Principle

Since the lorry owner failed to submit a copy of the driving licence before the Tribunal and the lorry insurer failed to file an appropriate application there, this Court deemed it appropriate to remand the matter for framing of an additional issue.

Key takeaways

The appeal filed by the insurer of the BMTC bus, United India Insurance Co. Ltd., in MFA No. 5406/2016 is dismissed (its 'pay and recovery' grievance not acceded to).ratio¶J13
The cross-objection filed by the claimants in MFA.CROB No. 14/2015 seeking enhancement of compensation is dismissed.ratio¶J13
The matter is remanded back to the Tribunal for fresh consideration limited to the driving-licence point, i.e., production/examination of the driving licence and framing of an issue with regard to liability.

Detailed headnote1 paragraphs

High Court of Karnataka (Bengaluru), Double Bench (D K Singh and Venkatesh Naik T, JJ.), 04.08.2025 — Consolidated disposal of MFA No. 5406/2016 by United India Insurance Co. Ltd. (insurer of BMTC bus KA-01-F-4477), MFA No. 6149/2014 by M/s. Shriram General Insurance Co. Ltd. (insurer of tipper lorry AP-07-U-8783) and claimants' cross-objection MFA.CROB No. 14/2015, all directed against the award of Rs. 21,51,000/- with 6% interest passed on 04.08.2014 in MVC No. 4811/2012 by the XIX Additional Small Cause Judge, MACT, Bengaluru, arising from the fatal accident of 23.11.2011 in which a BMTC bus dashed into a stationed tipper lorry that suddenly moved, killing passenger Shivamurthy. Holding: the Tribunal had framed no issue on the lorry driver's alleged non-possession of a valid and effective driving licence; the lorry owner had failed to furnish the licence and the lorry insurer had filed no appropriate application before the Tribunal. Accordingly, Shriram General's appeal was allowed-in-part and the matter remanded solely for production/examination of the driving licence and framing of a liability issue, with liberty to adduce evidence; United India's appeal founded on the 'pay and recovery' principle and the claimants' enhancement cross-objection were dismissed; all liability contentions kept open. No precedent was relied upon or engaged with.

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and award dated 04.08.2014 in MVC No. 4811/2012 awarding compensation of Rs. 21,51,000/- with interest at 6% p.a. from the date of petition till realisation, holding United India Insurance Co. Ltd. (BMTC bus insurer) and Shriram General Insurance Co. Ltd. (tipper insurer) liable to indemnify the owner.¶CT-5406
19th Additional Small Cause Judge, MACT & XLI ACMM, Bengaluru · 04.08.2014
Prior proceeding
Fatal road accident of 23.11.2011 at about 7.10 a.m.: deceased Shivamurthy was travelling in BMTC bus KA-01-F-4477 from Hebbal towards K.R. Puram; near Forest Office, HBR Layout, on the ring road, a stationary tipper lorry AP-07U-8783 suddenly moved right and the bus dashed into its cabin.¶J4
Prior proceeding
The deceased, seated at the back left side of the bus, sustained injuries and succumbed in the bus; the body was taken to Bowring Hospital and cremated after post-mortem.¶J4
Prior proceeding
Before the Tribunal, claimants examined PWs 1-2 and marked Ex.P.1 to Ex.P.13; respondents examined RWs 1-4 and marked Ex.R.1 to Ex.R.4.¶J5
Prior proceeding
Tribunal awarded Rs. 21,51,000/- with interest at 6% p.a. and directed United India Insurance Co. Ltd. and Shriram General Insurance Co. Ltd., as insurers, to indemnify the owner's liability.¶J6
Prior proceeding
Aggrieved by the award, United India Insurance (bus insurer) and Shriram General Insurance (tipper insurer) filed the present appeals, and the claimants filed MFA.CROB No. 14/2015 for enhancement.¶J6
Prior proceeding
It was contended before this Court that the lorry driver was not holding a valid and effective driving licence at the time of the accident, but the Tribunal had framed no issue on that aspect; remand was sought.¶J7
Prior proceeding
The lorry owner, though he appeared before the Tribunal, failed to submit a copy of the driving licence; the lorry insurer also filed no appropriate application before the Tribunal.¶J12
Prior proceeding
By court order dated 03.10.2028 (as printed in the cause title), the appeal in MFA No. 5406/2016 stood dismissed qua respondent No. 4 (Smt. Sulochana Rani).¶CT-5406
Prior proceeding
By order dated 24.06.2025, notice to respondent Nos. 4 and 5 (Smt. Sulochana Rani and Sri S.K. Kareemulla) in MFA.CROB No. 14/2015 was dispensed with.¶CT-CROB