IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT M.F.A.No.946/2015 [MV] BETWEEN:
PRAMOD AMBERKAR S/O LATE UMAPATHIRAO AMBERKAR AGED ABOUT 56 YEARS PRESENTLY RESIDING AT DOOR NO.490/3, 4TH CROSS K.B. EXTENTION DAVANAGERE-577 002.
(BY SRI.GOPALA R, ADV.) AND:
1. SMT. KALAMMA W/O RAJANNA AGED ABOUT 70 YEARS R/O B.L. KOPPALU VILLAGE GANDASI HOBLI ARASIKERE TALUK PIN CODE-573 163.
2. THE MANAGER NEW INDIA ASSURANCE COMPANY LTD., B.H. ROAD, TUMKUR PIN CODE-572101.
... APPELLANT (BY SRI.S.V. HEGDE MULKHAND, ADV. FOR R1-SERVED & UNREPRESENTED) ... RESPONDENTS THIS M.F.A. FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.07.2014 PASSED IN MVC NO.24/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, MACT, ARASIKERE, AWARDING COMPENSATION OF RS.47000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T The appellant, who is owner of the vehicle in question is before this Court aggrieved by the saddling of liability under the judgment and award dated 14.07.2014 passed in MVC No.24/2009 on the file of Senior Civil Judge and MACT, Arsikere.
2. Respondent No.1 herein is the claimant, who filed claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the injuries sustained in a Road Traffic Accident that occurred on 19.11.2008. It is stated that on 19.11.2008 near Arasikere Tiptur Road, Mini Lorry bearing No.KA-06/8449 came in a rash, negligent manner and dashed against the claimant. The Tribunal on assessing the material on record awarded total compensation of Rs.47,000/- with interest at 6% p.a. from the date of petition till the date of deposit, saddling the liability on the owner, the 1st respondent before the Tribunal. Aggrieved by the saddling of the liability, the appellant was before this Court in MFA No.1803/2011. This Court by judgment dated 22.01.2014 disposed off the appeal remitting the matter to the Tribunal to re-hear the matter and dispose off the same in accordance with law, while retaining the quantum of compensation awarded. This Court also fixed the date for appearance of the parties. The date fixed for appearance was 17.02.2014. As the appellant herein failed to appear on the date fixed, the Tribunal proceeded to pass the judgment. In the absence of any material, the Tribunal passed the impugned judgment, saddling the liability on the appellant. Against the said judgment and award the appellant/owner is before this Court in this appeal.
3. The appellant has also filed application (I.A.No.3/2015) under Order XLI Rule 27 of CPC seeking permission to produce the additional evidence i.e., extract of history sheet of drivers to demonstrate that the driver of the offending vehicle was possessing license as on the date of the accident. The learned counsel for the appellant would submit that on the date fixed for appearance, the appellant herein appeared before the Tribunal, but the case was not called on that day, since the records were not received by the Tribunal. But the claimant has failed to appear before the Tribunal on the subsequent dates. He submits that the appellant could not produce additional documents before the Tribunal.
4. The learned counsel for the 2nd respondent – Insurance Company submits that at the first instance, even though the appellant appeared before the Tribunal, failed to produce the documents. But in this appeal, the appellant has produced the document along with the application, which needs to be proved before the Tribunal.
5. In the peculiar facts and circumstances of the present case, I.A.No.3/2015 filed under Order LXI Rule 27 of CPC is allowed and the appellant is permitted to produce additional documents i.e., the extract of history sheet of drivers, subject to proof and marking the document in accordance with law before the Tribunal.
6. Accordingly, the appeal is allowed and the same is remitted back to the Tribunal, only with regard to liability, retaining the quantum of compensation awarded. The parties shall appear before the Tribunal on 10.10.2019. On the said date, if the appellant fails to appear before the Tribunal, the appellant would lose his right to contest the petition.
The registry is directed to send back the records to the concerned Tribunal forthwith.
In view of disposal of the appeal, I.A.No.4/2015 filed for stay does not survive for consideration, hence dismissed.
Sd/- JUDGE NG* CT:bms