Doreswamy Vs Faridabhanu — Motor Accident Claims | Karnataka HC (2025)

Doreswamy Vs Faridabhanu — Motor Accident Claims | Karnataka HC (2025)

NC: 2025:KHC:10303 MFA No. 8453 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.8453 OF 2018(MV-I)

BETWEEN:

DORESWAMY, S/O. MUKKANNASHETTY, AGED ABOUT 47 YEARS, R/AT. HARESOMANAHALLI VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT.

…APPELLANT

(BY SRI. SHRIPAD. V SHASTRI, ADVOCATE)

AND:

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

FARIDABHANU, W/O. JAVID PASHA, R/AT. HAYATH MOHALLA, BEGUR ROAD, WARD NO.19, CHANNARAYAPATNA TOWN, HASSAN DIVISION.

MANAGER, BHARATHI AXIS. (POLICY NO.FCV:S1403473F4:18414 VALID FROM 13.08.2013 TO 12.08.2014)

…RESPONDENTS

(R1 SERVED AND UNREPRESENTED; BY SRI. ASHOK N. PATIL, ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.06.2017 PASSED IN MVC

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NC: 2025:KHC:10303 MFA No. 8453 of 2018

NO.1154/2014 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT SESSIONS JUDGE, HASSAN DISTRICT, (SIT AT CHANNARAYPATNA), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.

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

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL JUDGMENT

Aggrieved by the order passed in MVC.No.1154/2014 dated 22.06.2017 by the IV Addl. District and Sessions Judge, Hassan District (Sit at Channarayapatna), the claimant is before this Court.

The claim petition is filed seeking compensation of an amount of Rs.10,00,000/- with interest at the rate of 10% per annum under Section 166 of Motor Vehicle Act, 1988. It is the case of the claimant that on 07.03.2014 at about 11:00 pm., in front of Coorg Hotel on B.M. road, Channarayapatna town, the accident is caused by the Goods Auto owned by respondent No.1 insured by respondent No.2 and driven by its driver in a rash and negligent manner and because of the said accident, the claimant had sustained injuries. The Tribunal on the issue of negligence had held that the accident had taken place

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because of the rash and negligence driving of the driver of offending vehicle. When it comes to the compensation, the Tribunal had awarded global compensation of an amount of Rs.50,000/- with interest at the rate of 9% per annum. However, the liability was fixed on the owner of the vehicle on the ground that respondent No.2 has produced driving license extract as per Ex.R-2. It shows that driver of the offending Goods Auto did not possess driving license to drive the transport vehicle. Thus, respondent No.1 has committed breach of terms and conditions of the policy. Hence, respondent No.2 is not liable to indemnify the risk of respondent No.1. The liability is fixed on respondent No.1 i.e., the owner of the vehicle.

Learned counsel appearing for the appellant/claimant submits that in the light of the law laid down in the judgment by the Hon’ble Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited¹ , it was held that the insurance company is liable to pay the compensation. It is submitted that the claimant is the third party and the driver of the offending vehicle was having a driving license, but he was

1 (2017) 14 SCC 663 ,

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not having a driving license to drive a goods vehicle, which is less than 7,500 kilograms, as such in the light of the law laid down in the judgment by the Hon’ble Apex Court in the case of

Mukund Dewangan stated supra, the insurance company is liable to pay the compensation.

Learned counsel appearing for respondent No.2/ Insurance Company submits that it is not a disputed fact that the judgment in the case of Mukund Dewangan stated supra applies to the facts of this case. He submits that the Tribunal had granted interest at the rate of 9% per annum, whereas the claimant is only entitled for interest at the rate of 6% per annum and the same needs to be reduced. It is submitted that the Bharathi Axa Life insurance is merged with the ICICI Lombard general insurance and ICICI Lombard general insurance has to indemnify the same.

Having heard the learned counsels on either side, perused the material on record. First coming to the aspect of liability, as rightly argued by the learned counsel for the appellant, the judgment by the Hon’ble Apex Court in the case of Mukund Dewangan , stated supra applies to the facts of this

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case and the insurance company is liable to pay the compensation. Coming to the interest, though there is no appeal preferred by the Insurance Company. Consistently, the interest is granted at the rate of 6% per annum and hence interest is reduced from 9% to 6% per annum. Hence, this Court is passing the following:

ORDER

i. Accordingly, the appeal is partly allowed by fixing the liability on respondent No.2/ Insurance Company.

ii. The rate of interest is reduced from 9% per annum to 6% per annum.

iii. No Costs.

Pending miscellaneous petitions, if any, shall stand

closed.

SD/(LALITHA KANNEGANTI) JUDGE

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