IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL No.7170 OF 2016 (MV) BETWEEN:
B.C. Manjunatha, S/o. late Channaiah, Aged about 49 years, R/at: Bombyle village, Anoor post, Chikkamagaluru Taluk & District-577101. …Appellant (By Sri Girish B Baladare, Advocate) AND:
1. Terasa, D/o. Dhanpal, Aged about 22 years, R/o. Hukkunda Village, Indavara post, Chikkamagaluru Taluk & District-577101.
2. B.C.Jagannath, S/o. late Channaiah, Aged about 49 years, R/at: Bombyle village, Anoor post, Chikkamagaluru Taluk & District-577101.
3. The Manager, New India Assurance Co. Ltd., Branch Office, Sultans, K.T.Street, Chikkamagaluru-577101. … Respondents (R1 and R2 served and unrepresented; By Sri. M.Narayanappa, Advocate for R3) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 09.09.2016 passed in MVC No.48/15 on the file of the 2nd Additional District Judge and MACT, Chikkamagaluru, awarding compensation of Rs.19,326/- with interest at 6% per annum from the date of petition till the date of deposit.
This appeal coming on for Admission, this day, the Court delivered the following:
JUDGMENT This appeal is filed by the appellant-owner challenging the judgment and award dated 09.09.2016, passed by the II Additional District Judge and MACT (hereinafter referred to as ‘the Tribunal’ for short) at Chikkamagaluru in MVC No.48/2015, whereby the Tribunal has granted compensation of Rs.19,326/- with interest @ 6% per annum and fastened the liability on the owner of the vehicle.
2. Brief facts of the case:
For the convenience, the parties are referred to the ranking in the Tribunal.
On 04.01.2014 at about 8.30 a.m., the petitioner was proceeding by walk along with others on the extreme left side of the road in order to go to collie work to the estate of Thammannagowda, Berangodu near Harjihalli Bus Stand, Avathi Hobli, Chikkamagaluru Taluk, at that time, the driver of the Mahindra Pickup bearing Registation No.KA- 18/A-9437 drove the said vehicle rashly and negligently with excessive speed, dashed to the petitioner, due to which the petitioner has sustained L3 compression fracture and also grievous injuries and other parts of the body. She was shifted to M.G.Hospital, Chikkamagaluru, where she has taken first aid treatment, as per advise of the Doctor, shifted to Wenlock Hospital, Mangaluru, where she had undergone treatment from 04.01.2014 to 08.01.2014. After recovering from the injuries, the petitioner-claimant has filed the petition before the Tribunal in MVC No.48/2015 to establish her case. She has examined herself as PW.1 and marked eleven documents as Exs.P1 to 11, the Insurance Company examined three witnesses as RWs.1 to 3 and marked eight documents as Ex.R1 to 8. On appreciation of oral and documentary evidence, the Tribunal has granted compensation Rs.19,326/- with interest @ 6% per annum and fastened the liability on the owner of the vehicle on the ground that the driver of the vehicle was not having valid driving license to drive the transport vehicle. Being aggrieved by the same, the owner of the vehicle has preferred this appeal seeking enhancement of compensation.
3. Sri Girish B. Baladare, learned counsel for the appellants submits that in view of the law laid by the Hon’ble Supreme Court in the case of Mukund Devangan Vs. Oriental Insurance Company Limited reported in AIR 2017 SCC 663, the Tribunal has not justifying in fastening the liability on the owner of the vehicle. Hence, he prays for allowing the appeal by enhancing the compensation awarded by the Tribunal.
4. Per contra, learned counsel for the respondents- Insurance Company has submitted that as on the date of the accident, the driver of the offending vehicle is not having a driving license to drive the transport vehicle. Hence, he prays for dismissal of the appeal.
5. Heard the learned counsel for the parties and perused the records.
6. It is not in dispute that the petitioner Smt. Terasa met with an accident on 04.01.2014, due to rash and negligent driving of the driver of Mahindra Pickup bearing Registration No.KA-18/A-9437, she suffered injuries. In view of the law laid down by the Hon’ble Supreme Court in the case of Mukund Devangan (Supra), the license to drive the Light Motor Vehicle (LMV) includes to drive the transport vehicle. In view of the finding of the Tribunal that the owner of the vehicle has to pay the compensation is unsustainable.
7. Accordingly, the appeal is allowed. The respondent-Insurance Company is liable to pay the amount awarded by the Tribunal.
Insurance Company is directed to deposit entire compensation within four weeks from the date of receipt of the copy of the judgment. Amount in deposit before this Court shall be refunded to the appellant.
Sd/-
JUDGE HA/-