Sri. H.J.Sannappa Vs the Branch Manager

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.09.2016 PASSED IN MVC NO.190/13 ON THE FILE OF THE SENIOR CIVIL JUDGE & ADDITIONAL MACT, JMFC, HIRIYUR, AWARDING COMPENSATION OF RS.1,18,512/- WITH INTEREST AT 7.5% P.A. FROM THE DATE OF PETITION TILL RELIZATION.

¶34

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

¶35

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

¶36

3 -

¶37

NC: 2026:KHC:17532 MFA No. 173 of 2017

¶38

HC-KAR

¶39

ORAL JUDGMENT

¶40

Aggrieved by the judgment and award passed in MVC No.190/2013 dated 19.09.2016 by the Senior Civil Judge and JFMC., Hiriyur, the appellant/respondent No.1 is before this Court seeking to set aside the said judgment and award and also questioning the liability fastened upon the owner of the vehicle by the Tribunal.

¶41

Learned counsel appearing for the appellant submits that respondent No.1 was having a driving licence to drive an LMV (non-transport) car valid from 18.07.2007 to 13.05.2026 and a licence to drive a transport vehicle valid from 12.06.2013 to 11.06.2030. It is therefore contended that, as on the date of the accident, he was not having a valid driving licence to drive a transport vehicle. The court has fixed the liability on the owner of the vehicle..

¶42

Learned counsel appearing for the appellant submits that, in the light of the law laid down in Mukund

¶43

4 -

¶44

NC: 2026:KHC:17532 MFA No. 173 of 2017

¶45

HC-KAR

¶46

Dewangan v. Oriental Insurance Company¹ , the Insurance

¶47

Company is liable to pay the compensation.

¶48

Learned counsel appearing for respondent No. 2–

¶49

Insurance Company submits that, in connected matters arising out of the same accident, i.e., MFA No. 5442/2017 decided on 09.01.2023, a Co-ordinate Bench of this Court has already fixed the liability on the Insurance Company and allowed the appeal.

¶50

Having heard the learned counsel on either side, perused the materials on record. The above aspect is covered by the judgment of the Hon’ble Apex Court in Mukund Dewangan's case referred supra and the Insurance Company is liable to pay the compensation.

¶51

Accordingly, the appeal filed by the claimant is

¶52

allowed and the liability is fixed on the Insurance Company.

¶53

i. The respondent–Insurance Company shall deposit a sum of Rs.1,18,512/- with interest at 6% per annum within a period of eight weeks from the date of

¶54

1 AIR 2017 SC 3668

¶55

5 -

¶56

NC: 2026:KHC:17532 MFA No. 173 of 2017

¶57

HC-KAR

¶58

receipt of a copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security.

¶59

ii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

¶60

iii. The appellant being the owner of the vehicle has deposited the amount of Rs.59,300/- before this Court and he is at liberty to withdraw the same.

¶61

iv. Pending IAs., if any, shall stand closed.

¶62

SD/(LALITHA KANNEGANTI) JUDGE

¶63

SMC List No.: 1 Sl No.: 3

Sri. H.J.Sannappa v. the Branch Manager

Case brief

What is this about?

What did the court decide?

Sri. H.J.Sannappa v. the Branch Manager

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Lily Realty Pvt. Ltd., Vs Satish N Prabhu

Mr K P Nanjappa Vs the Kodagu District Co. Operative Central Bank Ltd.

Miss Ratna Vs the Manager

Sri.Sunnil @ Sohail Vs Sri.Thippesha

The Branch Manager Vs Vikasgowda

M/S Fantasy Builders Vs Harsha C