IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A.No.2192/2010(MV) BETWEEN:
ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, No.44/45 LEO SHOPPING OCMPLEX RESIDENCY ROAD CROSS BANGALORE – 560 025 NOW BY REGIONAL OFFICE LEO SHOPPING COMPLEX 44/45, RESIDENCY ROAD CROSS BANGALORE – 560 025 (REPRESENTED BY ITS DEPUTY MANAGER SMT.SUDHA GANESH) (BY SRI M ARUN PONAPPA, ADVOCATE) AND:
1. SRI S SHIVAJIRAO AGED 25 YEARS S/O SUBBARAO R/AT MODEL HOUSE STREET BASAVAGUDI BANGALORE – 560 004.
2. SRI SIDDAPPA MALLAPPA BAVINAMATTI, MAJOR S/O MALLAP BAVINAMATTI ..APPELLANT R/O SANGAMESHWARA NAGAR BYADAGI POST AND TALUK HAVERI DISTRICT.
..RESPONDENTS (BY SRI SHRIPAD V SHASTRI, ADVOCATE FOR R1, R2 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.12.2009 PASSED IN MVC No.6286/2008 ON THE FILE OF THE MEMBER, MACT & XI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BANGALORE, AWARDING A COMPENSATION OF Rs.1,41,120/- WITH INTEREST AT 6% P.A. EXCEPT ON FUTURE MEDICAL EXPENSES OF Rs.10,000/- ON THE SAID AMOUNT FROM THE DATE OF PETITION TILL PAYMENT.
THIS MFA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Appeal is directed against the Judgment and award dated 05.12.2009 passed in MVC No.6286/2008 by the XI Additional Judge, Court of Small Causes, MACT, Bengaluru.
2. A claim petition came to be filed because of a road traffic accident dated 09.07.2008 at about 0030 a.m. at Bangalore-Hindupura Road, near Sriramanahalli Gate, Palm Groove Farm, petitioner was driving a lorry bearing registration No.KA-06-A- 5858 cautiously at that time another lorry bearing registration No.KA-05-4833 came from Doddaballapura side in a rash and negligent manner and dashed against the lorry that was driven by petitioner. As a result of which he sustained grievous injuries. The rest is that he was hospitalized, underwent medical treatment, sustained trauma, pain and disability because of the injuries and sought compensation of Rs.10,00,000/- before the Tribunal.
3. Learned Member considered the aspect of rash and negligent driving, accident and injuries and granted compensation of Rs.1,41,120/- together with interest @ 6% p.a. excluding amount of Rs.10,000/- that was granted under the head `future medical expenses’.
4. The accident, injuries are not disputed.
Meanwhile it is brought to my notice that the claimant had preferred M.F.A No.4693/2010 wherein the amount of compensation was enhanced by Rs.44,080/-. Thus the only question that would revive for adjudication is whether the point raised by the insurance company-appellant regarding non possessing of licence would absolve the liability of insurance company.
5. The principle propounded by Hon’ble Supreme Court in the case of Pappu and others Vs Vinod Kumar Lamba and anr reported in AIR 2018 SC 592 is as under:
“Motor Vehicles Act (59 of 1988), S.149 – Insurer’s liability – Accident occurred due to rash and negligent driving of truck-
Insurer taking plea that driver of offending truck had no valid licence –Except copy of driving licence of person, owner of offending truck not producing any evidence establishing that it was driven by authorized person having valid driving licence –Fact that offending truck was duly insured – Would not per se make insurance company liable –However, insurance company directed to pay award amount to claimants in first instance and in turn, recover same from owner of vehicle.”
6. In the circumstances, I find the option available before the court is to direct the insurance company to pay and recover. Accordingly, insurance company is directed to pay award amount with interest and recover from the owner-respondent without going for a separate suit but by initiating execution proceedings directly and to that extent the impugned Judgment and award is modified.
Appeal is devoid of merits and stands rejected.
Sd/- JUDGE SBN