IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.2757 OF 2013 (MV) BETWEEN:
SRI.PARAMESHA M.G. S/O GURUVEGOWDA AGED ABOUT 37 YEARS R/O MADABALU VILLAGE PALYA HOBLI, ALUR TALUK HASSAN DISTRICT – 573 213 ... APPELLANT (BY SRI.H.GIRIDHAR, ADV.) AND:
1. SMT.SANGEETHA W/O MAHADEVAPPA AGED ABOUT 26 YEARS R/O DALAGOWDANAHALLI VILLAGE HALLIMYSORE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT – 573 211 2. SRI.MAHADEVAPPA S/O SHIVAPPA AGED ABOUT 35 YEARS R/O HOSA AGRAHARA VILLAGE AND HOBLI, K.R.NAGAR TALUK, MYSORE DISTRICT – 571 602 3. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD.
JINDAL CO. LTD. B.H. ROAD, TUMKUR-572 101 REPRESENTED BY THE MANAGER UNITED INDIA INSURANCE CO. LTD. SUBHASH CHOWK, HASSAN -573 201 4. IFFCO-TOKIO GENERAL INSURANCE CO. LTD. IFFCO SADAN C1 DIST., CENTRE SAKET, NEW DELHI – 110 017 REP. BY THE MANAGER IFFCO-TOKIO GENERAL INSURANCE CO. LTD. NO.846, NEW KANTHARAJA URS ROAD NEAR AKSHAY BHANDAR KUVEMPU NAGARA, MYSORE – 570 023 ... RESPONDENTS (BY SRI.JANARDHANA REDDY, ADV. FOR R3; SRI.E.I.SANMATHI, ADV. FOR R4; NOTICE TO R1 & R2 ARE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.12.2012 PASSED IN MVC NO.79/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, HOLENARASIPUR, AWARDING A COMPENSATION OF RS.2,42,921/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT WITH COST.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is by the owner challenging the judgment dated 20th December 2012 passed by the Motor Accident Claims Tribunal, Holenarasipura in MVC No.79 of 2012. By the said judgment, the liability was fastened on the owner on the ground that the appellant herein has not produced either the Driving licence or the Insurance policy before the Tribunal to show that the vehicle was insured with the insurer. The learned counsel for the appellant has produced the Driving Licence and the Insurance Policy which was valid as on the date of accident.
2. Accordingly, the same is accepted and the liability requires to be fastened on the Insurance. Accordingly, to that extent the judgment passed by the Tribunal is modified and the liability is fixed on the Insurance. Insurer to satisfy the award within a period of one month from the date of receipt of a copy of this order. Appeal is allowed in part. The amount, if any, in deposit by the owner, is directed to be refunded to the owner.
lnn Sd/-
ACTING CHIEF JUSTICE