IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT M.F.A No. 8847 OF 2010 (MV) BETWEEN THE ORIENTAL INSURANCE CO. LTD, NO.12, BELLARY ROAD, NEXT TO CANARA BANK HEBBAL, BENGALURU, THROUGH ITS BENGALURU REGIONAL OFFICE, NO.44/45, RESIDENCY ROAD, BANGALORE-25.
RERESENTED BY ITS REGIONAL MANAGER. ... APPELLANT (BY SRI.S.V. HEGDE MULKHAND, ADVOCATE) AND 1. M. MANJUNATHA, S/O MUNIRAJA, AGED ABOUT 20 YEARS, R/O NO.4, FIRST MAIN ROAD, THUNGABHADRA COLONY, VASANTHA NAGAR, BENGALURU - 52 2. NARASIMHA MURTHY, S/O LATE MUNIVENKATAPPA, AGED ABOUT 41 YEARS, R/O NO.284, NEAR NAGASHETTIHALLI BUS STOP, BENGALURU – 94. ... RESPONDENTS (BY SRI.K.R. TULSI, ADVOCATE FOR R1; R2-SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.6.2010 PASSED IN MVC NO.5340/2008 ON THE FILE OF XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-4, BANGALORE, AWARDING A COMPENSATION OF RS.1,06,500/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
THIS MFA COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT The Insurer is in appeal against the judgment and award dated 11.06.2010 entered by MACT, Bangalore (SCCH-4), allowing the claim in M.V.C.No.5340/2008, whereby a compensation of Rs.1,06,500/- with interest at the rate of 6 % per annum thereon, has been awarded against the appellant-Insurer and against the owner of the offending vehicle on the principle of joint and several liability.
2. The vehicular accident dated 03.11.2007, occasioned by rash and negligent driving of Bajaj Motorcycle bearing Registration No.KA04-EK-2612 and the consequent grievous injuries sustained by the Claimant are held to have been established by the MACT on the basis of pleadings of the parties supported by the evidentiary material placed by them on record.
3. The only contention canvassed by the learned Senior Panel Counsel for the appellant-Insurer is as to its non-liability because of want of driving licence of the driver of the offending vehicle.
4. The learned Panel Counsel contends that efforts were made for securing the driving licence of the driver of the offending vehicle by resorting to procedure prescribed by law; the driver of the offending vehicle having been charge sheeted by the police for the offence of driving of the vehicle sans driving licence, levying the award liability on the insurer would amount to placing premium of illegality. So contending, he has sought for allowing of the appeal by dislodging the award liability from the shoulders of the Insurer.
5. The question of liability of the Insurer in the absence of driving licence of the driver of the offending vehicle having already been answered in favour of the claimant, subject to the principle of ‘pay and recover’, no much indulgence is required in this case. The Apex Court in the case of Pappu and others Vs. Vinod Kumar and Lamba and Another, AIR 2018 SC 592, has permitted the Insurer to recover the award amount after paying the compensation to the claimant. Therefore, the limited indulgence of this court is warranted.
6. In the above circumstances, this appeal succeeds in part; the impugned and award are modified only to the extent of permitting the appellant-Insurer to recover from the Insured the compensation amount after paying the same to the claimant.
The appellant may approach the jurisdictional MACT for putting this judgment in execution in terms of decision of the Apex Court in the case of National Insurance Company Limited Vs. Challa Upendra Rao and others, (2004) 8 SC 517.
The amount in deposit shall be transmitted to the jurisdictional MACT immediately for being disbursed as compensation to the claimant, in accordance with law. The MACT shall file compliance report after releasing the said amount to the claimant, within eight weeks.
No costs.
cbc SD/- JUDGE