IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE B.M. SHYAM PRASAD MISCELLANEOUS FIRST APPEAL NO.8678 OF 2010 (MV) BETWEEN:
NATIONAL INSURANCE CO.LD., REPRESENTED BY ITS AUTHORISED SIGNATORY, NO.144, M.G.ROAD BENGALURU – 560 001.
REPRESENTING NATIONAL INS. CO. CHENNAI.
(BY SRI. R JAIPRAKASH, ADVOCATE) AND:
1. DR.B.SHIVANNA SON OF LATE BASAVAIAH AGED ABOUT 56 YEARS RESIDING AT NO. 606, 2ND MAIN II STAGE, BOGADI MYSURU.
2. SRI. SOMASHEKAR SON OF SIDDANAYAKA MAJOR, NAGAVALA, YELAVALA HOBLI MYSURU.
3. SRI. SANTHOSH SON OF MAHADEV MAJOR, NO. 573 YELAVALA HOBLI ... APPELLANT BELAVADI POST MYSURU DISTRICT.
... RESPONDENTS (BY SRI. H. L. JAYARAMU, ADVOCATE FOR R3 NOTICE TO R1 AND R2 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.04.2010 PASSED IN MVC NO.570 OF 2009 (old no.463/2005) ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-I AND MEMBER, ADDITIONAL MACT, MYSURU, AWARDING A COMPENSATION OF RS.25,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL PAYMENT..
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is by the Insurance Company challenging the judgment and award dated 24.4.2010 in MVC No.570 of 2009 on the file of the Fast Track Court- I and Additional MACT, Mysuru. The only ground canvassed in support of the appeal is that the driver of the offending vehicle viz., the Tempo bearing Registration No.KA-09/2534 did not hold a valid and effective driving licence and therefore, the Tribunal could not have fastened the liability to pay a global sum of Rs.25,000/- awarded as compensation to the respondent No.1 – claimant.
2. It is submitted by the counsel for the parties in unison that the appeal could be disposed of with the liberty to the appellant to pay and recover in terms of the decision of the Hon’ble Supreme Court in Pappuu and Others vs. Vinod Kumar Lamba, AIR 2018 SC 592.
3. The Hon’ble Supreme Court has reaffirmed that even in cases where the Insurance Company is able to establish that the driver of the offending vehicle did not hold a valid driving licence, the Insurance Company could be called upon to pay the amount awarded as compensation with liberty to the Insurance Company to recover the same from the owner.
4. In view of the submissions by the learned counsel, and the aforesaid decision, the appeal is disposed of directing the Insurance Company to pay the amount awarded by the Tribunal subject to its right to recovery. The statutory amount in deposit may be transferred to the Tribunal for necessary action.
SD/- JUDGE nv ct-sr