IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO.9559 OF 2010 (MV) BETWEEN:
1. B.T. JAYAMMA W/O LATE V. NAGARAJU AGED 42 YEARS 2. SATISH N.
S/O LATE V. NAGARAJU AGED 24 YEARS 3. VENKATESH N.
S/O LATE V. NAGARAJU AGED 22 YEARS 4. UMASHREE N.
D/O LATE V. NAGARAJU AGED 20 YEARS ALL THE PETITIONERS ARE R/AT NO.313, BEML LAYOUT BEHIND HOUSE BASAVESHWARA NAGAR BANGALORE – 79.
... APPELLANTS (BY SRI SHRIPAD V. SHASTRI, ADVOCATE) AND:
1. THE ORIENTAL INSURANCE CO. LTD.
D.O. V, JEEVANJYOTHI II FLOOR OLD MADRAS ROAD, INDIRANAGAR BANGALORE – 560 038.
BY ITS MANAGER 2. MR. PYARU S/O KHADER KHAN R/AT NO.309, MALANAHALLI TALUK V BLOCK, JAYANAGAR BANGALORE.
... RESPONDENTS (BY SRI K. SRIDHAR, ADVOCATE FOR R1 R2 - SERVED) ---
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.01.2010 PASSED IN MVC NO.1747/1999 ON THE FILE OF XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-4, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Heard learned counsel for the parties.
2. The claim petition filed by the claimants was allowed fastening the liability on the owner of the vehicle on the ground of not possessing valid driving licence.
3. Learned counsel for the appellants submits that the very case is covered by the judgment of the Hon’ble Supreme Court in PAPPU AND OTHERS vs. VINOD KUMAR LAMBA AND ANOTHER ([2018] 3 SCC 208), wherein it is held that the compensation awarded shall be paid and satisfied by the insurer in the first instance, with liberty to recover the same from the owner of the vehicle in accordance with law.
4. In view of the submission made by the learned counsel for the appellants and in the light of the said judgment, the appeal is allowed in part. The judgment and award of the Tribunal is modified to the extent of fastening the liability on the owner of the offending vehicle.
The respondent – Insurance company shall pay the compensation amount at the first instance and thereafter, recover the same from the owner of the vehicle in accordance with law.
Sd/-
ACTING CHIEF JUSTICE ca