IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.4583/2015 (MV) Between:
The Bajaj Allianz General Insurance Co. Ltd., Ground Floor, No.31, TBR Towers, 1st Cross, New Mission Road, Next to B’lore Stock Exchange, J.C.Road, Bangalore.
By its Manager, Bajaj Allianz General Insurance Company Ltd., 4th Floor, Golden Heights, No.1/2, 59th “C” Cross, 4th M-Block, Rajajinagar, Bangalore-560 010. …Appellant (By Sri P.B.Raju, Advocate) And:
1. Babu, S/o Venkatappa, Aged 34 years, Residing at No.75, Behind Hanuman Temple, Veerasagara, Yelahanka, Bangalore-560 064.
2. Mr. Shivaram G., S/o Gangayallappa, Doddabyalakere, Hesaraghatta Main Road, Bangalore North, Bangalore- 560 089.
…Respondents (By Sri P. Shivakumar, Advocate for R1; R2 served) This MFA is filed u/s 173(1) of MV Act against the Judgment and Award 10.04.2015 passed in MVC No.1359/2013 on the file of the I Additional Small Causes Judge & XXVII ACMM, MACT, Bengaluru, awarding compensation of Rs.2,01,200/- with interest at 6% p.a. from the date of petition till realization.
This appeal coming up for Admission this day, the court delivered the following:
JUDGMENT Appeal is by the appellant/Insurer challenging the Judgment and Award dated 10.04.2015 passed in MVC No.1359/2013 on the file of the I Additional Small Causes Judge & XXVII ACMM, MACT, Bengaluru, awarding compensation of Rs.2,01,200/- with interest at 6% p.a. from the date of petition till realization.
2. The learned counsel for the claimant/ respondent supports the Judgment and award passed by the Tribunal and also submits that the compensation awarded by the Tribunal on all the heads is on the lower side and same needs to be enhanced.
3. I have heard learned counsel for both sides and I have gone through the materials available on record.
4. The specific ground taken by the appellant/ Insurer is that the driver of the offending vehicle was not having valid and effective Driving License as on the date of accident. In support of his case, he has examined an Officer of his office and issued notice to the owner of the offending vehicle and that owner remained absent and was placed Ex prate. Insurance Policy is marked at Ex.R1. Ex.R3-True copy of the charge sheet has been produced in order to prove that the case has been registered against the driver only under Section 3 of the Motor Vehicles Act.
5. Learned Judge without appreciating the evidence and documents produced by the claimant in detail, failed to consider the case of the Insurer with regard to not possessing of Driving License by the Driver of the offending vehicle. The possession of the Driving License itself clinches the issue. Unless and until, the claimant has proved that the Driver was having valid and effective License, the claim of the claimant contravenes the condition of the Insurance policy. In view of the same, the Judgment and Award dated 10.04.2015 passed in MVC No.1359/2013 on the file of the I Additional Small Causes Judge & XXVII ACMM, MACT, Bengaluru is set aside and matter is remanded to the Tribunal for fresh consideration.
6. In the interest of justice, liberty is reserved to both the parties to adduce evidence and also to produce documents before the Tribunal. If such oral and documentary evidence are produced before the Tribunal, it is for the Tribunal to consider the same and to pass an appropriate order in accordance with law.
Without awaiting any notice in this regard, both the parties are directed to appear before the Tribunal on 05th January 2018.
Amount in deposit shall be refunded.
Sd/- JUDGE DL