IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF DECEMBER, 2017 BEFORE THE HON’BLE Mr. JUSTICE L.NARAYANA SWAMY M.F.A.NO.2437/2015 (MV) BETWEEN:
THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., M.C. ROAD, MANDYA, NOW REPRESENTED BY K.N. SURESH, UNITED INDIA INSURANCE, COMPANY LIMITED, REGIONAL OFFICE, KRISHIBHAVAN, HUDSON CIRCLE, BANGALORE-560 002.
(BY SRI. L. SREEKANTA RAO, ADV.) AND:
1. MADASHETTY @ MAHADEVA, S/O. BASAVASHETTY, AGED ABOUT 37 YEARS, KAGEHALLADADODDI VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571 428.
2. SRI. SIDDEGOWDA, S/O. SRI. GOREGOWDA, GORAVANAHALLI MADDUR TALUK, … APPELLANT MANDYA DISTRICT-571 428.
… RESPONDENTS (BY SRI. KANCHI MAYANNA GOUTHAM ADV. FOR R-2: R-1 SERVED) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.08.2014 PASSED IN MVC NO.1288/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, MADDUR, AWARDING A COMPENSATION OF RS.6,63,100/- WITH INTEREST @ 6% P.A. ON RS.6,43,100/- FROM THE DATE OF PETITION TILL REALIZATION ETC.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal by the insurance company challenging the judgment and award passed in M.V.C.No.1288/2013 dated 25.8.2014 on the file of Senior Civil Judge and Motor Accident Claims Tribunal, Maddur.
2. The appellant-insurance company has filed an application under Order XLI Rule 27 read with Section 151 of the Code of Civil Procedure to produce following documents;
1. ‘B’ Register extract pertaining to tractor bearing registration No.KA-35-T 2442 issued by the Regional Transport Office, Mandya.
2. ‘B’ Register extract pertaining to Trailor bearing registration No.KA-11 TA 0187 issued by Regional Transport Office, Mandya.
3. Driving licence extract pertaining to Suresh G.B., the driver of the insured Tractor-Trailer issued by licencing authority, RTO Mandya.
3. It is the case of the appellant that the driver of the tractor was not possessing effective licence for commercial purpose. The seating capacity of the Tractor- Trailer is only one i.e. driver and it does not permit any other person to sit by the side of the driver. The policy was also not produced before the court. In the circumstances, the appeal could be remanded to the Tribunal.
4. The appeal is allowed and remanded back to the Tribunal with liberty to the insurance company to produce additional documents and on production of such documents, it is for the Tribunal to pass appropriate orders. Liberty is reserved to the claimant also to adduce any evidence.
The amount in deposit be refunded to the insurance company.
Sd/- JUDGE Msu