IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12th DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.2531/2016 (MV) Between:
Sri. Jayaram, S/o Late Patalappa, Aged about 45 years, R/at: Doddabidarakallu, Patelappa Garden, Suvararana Nagar, Nagasandra Post, Bengaluru- 560 073.
…Appellant (By Sri. Suresh. D. Deshpande, Advocate) And:
1. Smt. Sharadamma, W/o Sri. Govindappa, Aged about 31 years, Residing at No.1136, NGOS Colony, 1st Main, 1st Cross, Kamalanagara, Bengaluru- 560 079.
2. The Regional Manager, HDFC Ergo Gen Ins Co. Ltd., H.M. Geneva House, 1st Floor, Cunningham Road, Bengaluru - 52.
3. Sri. M. Chandrakumar, S/o P. Muniraju, Aged about 35 years, Residing at No.51, 6th Cross, Modalapalya, Sanjeevininagar, Tent Road, Bengaluru- 560 078.
…Respondents (By Sri. D. Vijaya Kumar, Adv. for R2 Notice to R1 & R3 d/w vide order dt. 12.12.17) This MFA is filed u/s 173(1) of MV Act against the judgment and award dated 14.12.2015 passed in MVC No.5267/2014 on the file of the Member, Principal MACT, Bengaluru (SCCH-1), awarding a compensation of Rs.4,03,416/- with interest @ 9% p.a from the date of petition till realization.
This appeal coming up for Admission this day, the court delivered the following:
J U D G M E N T Notice to respondents No.1 & 3 is dispensed with.
The claimant/ appellant has filed claim petition in MVC No.5267/2014, which came to be allowed by awarding compensation of a sum of Rs.4,03,416/- by order dated 14.12.2015.
2. It is the contention of the insurer, that driver of the autorickhaw was driving the same without possessing a valid and effective driving license on the date of alleged accident. Hence there was a breach of condition and hence insurer is not liable to indemnify the owner.
3. It is the contention of the appellant/ owner, that though the driver of the autorickshaw was having valid license he has not produced the same before the Tribunal, but he has produced driving license which is lapsed. Hence the appellant submits driver of the autorickshaw may be directed to produce valid driving license before the Tribunal and this matter may be remitted back to the Tribunal to consider the same and pass appropriate orders afresh.
4. The learned counsel D. Vijaya Kumar appearing for respondent No.2-insurer, who accepted notice submitted that for the purpose of production of driving license, he has to produce it before the Tribunal so as to bring it on record. Accordingly, the appeal is allowed and the matter is remanded to the MACT, Bengaluru and MVC No.5267/2014 stands restored to its file and the Tribunal is directed to pass appropriate orders in accordance with law and liberty is reserved to both the parties to produce additional documents if any, and adduce oral and documentary evidence. Both the parties are directed to appear before the Tribunal on 12th January, 2018 without awaiting for any notice.
5. Sri. D. Vijay kumar, learned counsel is permitted to file vakalath within a period of 8 weeks.
The amount in deposit is ordered to be refunded.
Sd/- JUDGE LL