IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.3616 OF 2010 [MV] BETWEEN THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, UNITED INDIA INSURANCE CO. LTD., D.O.VI, CHITAPUR BHAVAN, 15TH CROSS, 8TH MAIN, MALLESWARAM, BANGALORE-560 055.
BY REGIONAL OFFICE, UNITED INDIA INSURANCE CO. LTD., KRISHI BHAVAN, 5TH & 6TH FLOOR, NRUPATHUNGA ROAD, HUDSON CIRCLE, BANGALORE-560 027.
BY ITS MANAGER. ... APPELLANT [BY SRI. O. MAHESH, ADVOCATE] AND 1. C.PRAKASH, S/O. CHALUVARANGAIAH, AGED ABOUT 48 YEARS, R/A. NO.5, 11TH CROSS, MUNESHWARA LAYOUT, LAGGERE, BANGALORE-560 096.
2. MR. G.GANESHA, MAJOR, S/O. N.G.NAGARAJAPPA, R/A. MOODAL INGANNAHALLI, MANNE POST, THYAMAGONDALU, NELAMANGALA TALUK, BANGALORE DISTRICT. ... RESPONDENTS [BY SRI. F.S. DABALI, ADVOCATE FOR R1. SERVICE ON R2 IS HELD SUFFICIENT] * * * THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.11.2008 PASSED IN MVC NO.4680/2007 ON THE FILE OF THE XIX ADDITIONAL SCJ AND MACT, BANGALORE, AWARDING A COMPENSATION OF RS.1,64,380/- WITH INTEREST @ 6% P.A. ON RS.1,54,380/- FROM THE DATE OF THE PETITION TILL ITS REALISATION.
THIS MFA COMING ON FOR FURTHER HEARING. THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The Insurance Company has preferred these appeals, challenging the Judgment and Award dated 25.11.2008 passed by the MACT., Bengaluru, in MVC No.4680/2007, wherein a total compensation of Rs.1,64,380/- has been awarded to the claimant for the injuries sustained by him in a road traffic accident, which took place on 17.05.2007.
2. I have heard the learned counsel appearing for the appellant/Insurance Company and the learned counsel appearing for respondent No.1/claimant.
3. The brief facts leading to the filing of this appeal are that;
On 17.05.2007 at about 10.30 p.m., the claimant was standing on the extreme left side of the road near Nandini Layout Bus Stand and at that time, the rider of a motorcycle bearing reg. No.KA-02/EM-1705 by riding the said motorcycle in a rash and negligent manner dashed against the claimant, as a result of which he fell down and sustained grievous injuries.
The Tribunal awarded a total compensation of Rs.1,64,380/- with interest at the rate of 6% p.a. on Rs.1,54,380/- [excluding the future medical expenses of Rs.10,000/-].
4. The contention of the learned counsel for the appellant is that the rider of the insured motorcycle had no driving licence as on the date of the accident which is apparent from the charge sheet-Ex.P8, wherein a case was registered against him even for the offence punishable under Sections 3(1) r/w. Sections 181 and 185 of the IMV Act. He further submits that the accident has occurred on 17.05.2007, whereas the FIR came to be lodged by the father of the injured on 18.05.2007 and therefore, there is a delay in lodging the FIR and the vehicle has been subsequently implicated so as to make a false claim. He submits that the Tribunal has not considered these aspects in the proper perspective and accordingly, he seeks to interfere with the findings recorded by the Tribunal and seeks to allow the appeal.
The learned counsel appearing for respondent No.1/claimant on the other hand submits that merely because the charge sheet has been filed, it cannot be held that there was no driving licence to the rider of the offending motorcycle. He submits that the Tribunal after considering all the aspects of the case has rightly held that the insurer of the offending vehicle has to pay the compensation since there was a valid Insurance Policy to the vehicle in question. Hence, he seeks to dismiss the appeal.
5. The case of the claimant is that on 17.05.2007 at about 10.30 p.m., on outer ring road near Nandini Layout Bus stand, when he was standing on the extreme left side of the road, at that time a motorcycle bearing reg. No.KA-02/EM- 1705 ridden by its rider in a rash and negligent manner came and dashed against him, as a result of which he fell down and sustained grievous injuries.
6. The contention of the learned counsel for the appellant is that there is delay in lodging the FIR and therefore, there is implication of the motorcycle since immediately after the accident no complaint was lodged. Further, that the rider of the offending motorcycle had no driving licence at the relevant point of time. He placed reliance on Ex.P8-charge sheet to contend that a case was registered against the rider of the motorcycle for not possessing a driving licence. However, it is not established before the Tribunal that the rider of the motorcycle was not possessing the driving licence and that he was not holding a driving licence at all. Merely because the charge-sheet has been filed against the rider of the motorcycle, it cannot be held that the rider of the motorcycle did not have the driving licence at the relevant point of time. The outcome of the criminal case is also not placed before this Court. The Tribunal has observed that the insurer has not produced any endorsement from the RTO concerned to show that the rider of the motorcycle had no valid driving licence at the relevant point of time. In that view of the matter, the contention of the learned counsel for the appellant in this regard cannot be accepted.
7. The accident has occurred on 17.05.2007 at about 10.30 p.m. Ex.P1 is the First Information Report lodged by one Chaluvarangaiah, who is none other than the father of the injured. In the first information report, the registration number of the offending motorcycle has been mentioned. The charge sheet material goes to show that the statement of an eye-witness by name Smt. Devika was recorded, wherein she states that the accident was on account of involvement of the motorcycle bearing reg. No.KA-02/EM-1705. Even otherwise, the appellant herein has failed to establish before the Tribunal that the accident did not occur on account of the rash and negligent riding by the rider of the motorcycle. In that view of the matter, the findings recorded by the Tribunal holding that the accident was on account of the rash and negligent riding by the rider of the motorcycle cannot be said to be erroneous. There is no merit in this appeal and the same is dismissed.
The amount in deposit before this Court shall be transmitted to the Tribunal.
The appellant/Insurance Company is directed to deposit the entire amount along with the interest before the Tribunal if not already deposited within a period of four weeks from the date of receipt of a copy of this order. The claimant is permitted to withdraw the entire amount.
Sd/- JUDGE.
Ksm*