Karnataka High Court
M/S The Oriental Insurance Company ... vs Smt Shivamma on 19 September, 2011
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD | , DATED THIS THE 19°! DAY OF SEPTEMBE R, 201 Tos BEFORE ean THE HON'BLE MRS.JUSTICE B.Y. NAGAY RAT Hh 1A." MFA NO.8098/2007. (MEV CONNECTED WiTH MFA NOS.8187 20673. 8188; (2007, 8189/2007, 8190 2007. & 8194 2007 IN MFA NO.8098/2007: Mee" BETWEEN: | a M/S.THE ORIENTAL: INSURANCE'CON PANY LIMITED, BY ITS DIVISIONAL. MANAGER, BELLARY, NOW REP. BY M/S.7HE ORIENTAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, NO.44/45, LEO SHOPPING. COMPLEX, RESIDENCY ROAD, BAD NGALORE,"~ REP. BY ITS REGIONAL MANAGER. . APPELLANT (BY SRI.M.K.SOUDAGAR & SRILK.SURESH. ADVOCATES) SMT-SHIVAMM:A W/O.BASAPPA, AGED ABOUT 29 YEARS, R/AT:PARAMADEVANAHALLI VILLAGE, BELLARY TALUK. 2." SRI. D.VENKATA RATNAM, SRI KRISHNA MURTHY, LAGS MAJOR, OWNER oF F THE LORRY : BEAR 2ING REG. NO. AP-1 [/UL-7357 OAR / AT PLOT NO.7 0. HARI KRI SHNA COMPLEX, "2X? ROAD, AUTO NAGAR, ~S/QAS (BY SRI.J.BASAVARAJ & SRI.VISHWANATH V.BADIGER. ADVOCATES) THIS MFA IS FILED U/S 173(1) OF MV ACT.AGAINST:, THE JUDGMENT AND AWARD DATED 3/3/07 PASSED INs. MVC NO.371/97 ON THE FILE OF THE MEMBER, MATA. BELLARY, AWARDING A CON IPENSATION OF RS.35,5 O/>. : 2.5 WITH INTEREST AT 6% P.A. FROM THE DATE. OF PETIT ION | TILL THE DATE OF PAYMENT IN MFA NO.8187/2007: BETWEEN: M/S. THE ORIENTAL I INSURANCE E COMPANY. LI MITED. BY ITS DIVISIONAL MANAGER, BELLARY, NOW REP. BY M/S.THE ORIENTA AL INSU IRANCE Be COMPANY LIMIT TED, REGIONAL OFFIC E, _ NO.44/45, LEO SH LOPFENG COh MPL EX, a RESIDENCY ROAD, BANGALOR gH REP. BY ITS RE re NAk MANAGER | : _ APPELLANT (BY SRILM.K. Xe UD AGAR R.& SRILK. SURESH, ADVOCATES} I. SMT.LAKSH! MI W. (0. SRI. SHANKARAPPA, " MGED ABOUT 37 YEARS, COOLIE, ~R/AT.PARAMADEVANAHALLI VILLAGE. BELLARY TAI UK: SRID™ JENKATA RATNAM, S/O.SRI KRISHNA MURTHY, os, AGE MAJOR, OWNER OF THE LORRY "= "BEARING:REG. NO.AP-16/U-7957 _R/AT PLOT NO.70, HARIKRISHNA COMPLEX. 282 ROAD, AUTO NAGAR, ".. VISAYAWADA 7, A. P. ES . RESPONDENTS ™ 4BY-SRI. J. BASAVARAJ, ADV. FOR R1} THIS MFA IS FILED U/S 1731 1} OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05/03 /07 PA SSED OTN MVC a oe [97 ON THE FILE OF PRL.DISTRICT . lUDGE, MEMBER MACT-1, BELLARY, AWARDING A COMPE. NSAT . - OF RS. 13,750) Wit H INTEREST AT 6% P.A. FR 20M. PH Bs. DATE OF PET! TION TILL THE DATE OF PAY MENT. . BETWEEN: M/S THE ORIENTAL INSURANCE CO MPANY LIMITED. == BY ITS DIVISIONAL MANAGER, BELLARY, ---- NOW REP. BY M/ S.THE ORIENTAL INSU! RANCE © COMPANY LIMITED, REGION OFFICE..." NO.44/45, LEO SHOPPING COMPLEX, . RESIDENCY ROAD, BANGALORE,' _ REP. BY ITS REGIONAL MANAGER... BO . APPELLANT (BY SRLM.K.SOUDAGAR & & SREK.SURESH, ADVOCATES) AND: SMT.CHANNAMMA.W, /O.SRI "PRANNA. E JUT 58 YEARS. COOLIE, O.PARAMADEVANAHALLI VILLAGE, ELLARY TALU Ko lL. aA / ar Ca SR [D> VENKA TA RA L "S/O. SRIEKRIS SHNA M AGE-MAJOR, OWNER OF THE L BEARING REG, NO.AP-1 -7957 R/AT PLOT NO.70, HARIKRISHNA COMPLEX, __ 28> ROAD,-AUTO NAGAR = VISAYAWADA 7, A. P devant Se? (BY.SRL J. BASAVARAJ, ADV. FOR RI) THIS MPA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGME Nv AND AWARD DATED 05/03/07 PASSED | MVC NO.376/97 ON THE FILE OF PRL.DIST.JU DOE ~ 7 MVe UNO, 3 73/97 MEMBER, MACT -l, BELLARY, AWARDING A C aa MEENSATION ~ WITH THE INTER SST AT 6% P.A. FROM THE TATION TILL THE DATE OF PAYME: NT M/S.THE ORIENT a IN SURANCE COM PAN VY LIMITED)... BY ITS DIN VISIONA / NAG ER, BELLARY, Me NOW REP. BY M/ Is, 5.7 ie ORIENTAL INSURANCE COMPANY LIM ITED. REGIONAL OFF LCE, NO.44/45, LEO SHOPPING COMPL EX, RESIDENC Y ROAD, ON GALORE. EP. BY ITS REGION L MAN AGER a . APPELLANT (BY SRILM.K.SOUDA Gs LR & &» SRIK.SURE SH. ADVOCATES AND: |. SMT.HONNU RAN IMA W/O. SRI LOKAPPA, AGED ABOUT 29 YEARS, COOLIE R/O.PARAMADEWVANA HALL VILLAGE, BELLARY:TALUK, 0 2. SRILD.VEN KAT sRATNAM,> S/O.SR! KRISHNA MURTHY AG E MAJOR, OWNER GF THE LORRY i BEARING. REG. NO.AP-16/U-7957 "R/AT PLOT NO, 70, HARIKRISHNA COMPLEX, AD AUTO NAGAR, WADATSA, P. . RESPONDENTS OO THIS*NEFA IS FILE U/S 173(1} THE JUDGMENT AND AWARD DATED THE FILE OF P OM & e vod" ON L.D - MEM -- Mz ACTIL), BELLARY AWARDING A CO : OF RS] 2,000/- WITH INTEREST AT 6% P.A.FROM . Le i DATE OF PRESENTATION OF PAYMENT, £ PETITION TILL THE DATE IN MFA NO.8190/2007: BETWEEN: M/S THE ORIENTAL INSURANCE COMPANY LIMITER, -- BY ITS DIVISIC INAL MANAGER, BELLARY. Bey JOW REP. BY M/S.THE ORIENTAL INSURANCE ™ COMPANY LIMITE D, REGIONAL OFFICE: ~ NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE,' REP. BY ITS REGIONAL MANAGER. a , APPELLANT (BY SRILM.K.SOUD AGAR & SRIK-SURE SH, ADVOCATES} AND: |. MINOR SURE SHA S/O.SRI P.MALLIKARJUNA, AGED ABOUT 14 YEARS, | MINOR REP BY-HIS:-F ATHER AND NATURAL GUARDIAN SRILP,MALLIKARUI UNA, S/O.BYRAPPA, AGED ABOUT 46 YEARS, AGRICULTURIST, R/O.PARAMADEVANAHALLI VILLAGE, BELLARY TALUK.. 3 ~ SRILDiVENKATA RATNAM, ~ S/O.SRI Ki RISHNA MURTHY, "AGE MAJOR;-OWNER OF THE LORRY BEARING RI ONE 57 an) J.AP-16/U-7957 " HARIKRISHNA COMPLEX, NAGAR, . RESPONDENTS mo (BY SRL, BASAV ARAJ. ADV. FOR R1} THIS MFA IS PILED U/S 173(1 THE JUDGMENT AND AWARD DATEL ).3 MVC 1 NO.377/97 ON THE FILE OF OF MV AC "TV " G AIN OT BELLARY, AWARDING A COMPENSATION OF RS.10, 000/- WITH INTEREST «a 6°% PLA, IN MFA NO.8191 /2007: BETWEEN: M/S THE ORIENTAL INSURANCE COMPANY LIM NITES, BY ITS DIVISIONAL MANAGER, BELLARY, 7 NOW REP. BY M/S.THE ORIENTAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE™. NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE,' ~. REP. BY ITS REGIONAL MANAGER. -- . APPELLANT K.SURESH> A PVOCATES) (BY SRILM.K.SOUDA SGAR & SRI. |. MINOR SUNITHA DO. SRh, Pp MALLIKAR, JUNA, AGED ABOUT 17.¥ EARS. MINOR RE 'P BY HIS*PATHER AND NATURAL GUARDIAN SRIVP MAL Li [KARIU INA, S/O.BYRAPPA, AGED ABOUT 46 Ye ears. AGRICULTURIST, R/O.PARAMADEVAN SHALL | VILLAGE, BELLARY TAL LS ATNAM, . S10, SRI PRISHNA MURTHY, "AGE? MAJOR, OWNER OF THE LORRY BEAR! NG. REC NO.AP-16/U-7957 R/AT PLOT? YO.70, HARIKRISHNA COMPLEX, 28P ROAD, AUTO NAGAR, so MIJAY AWAD A7,A. P. No 2. 5 ce a a i aR aa. | . RESPONDENTS BV ski, "BASAVA RAJ, ADV. FOR R1) fo a "THIS MFA IS FILED U/S.17 7 THE JUDGMENT "AND AWARD DAT MVC NO.372/97 ON THE FILE OF 1) OF MV ACT AGAINST ED 5/3/2007 PASSED IN - THE "MEMBE =R, MACT-1. "BELLARY. AWARDING A COMPENSATION OF RS.12,000/. 4a ytery Terr ihe a "yy } if WITH INTEREST « 6% PA, on Oe surance Comps eke in six claim petitions by the > Member. the issue raised in these appeals are identi £ be, neara togel various he appellant herein appeared and with the respondent-owner of the vehicle. On behalf 'of respondent-claimants evidence was let..in. 'The =< examined PW] to PWS and produced..12 documents. v Were Ir the evidence of RW1 and produced'5.decuments, which were marked as Exs.R1 to RS. oe On the: basis ofthe said. eviderice, the Tribunal GI awarded compet Sa tien tothe. re espondent- claimants and lirected t1 he'o wner of they veh idle ¢ The 'said of by an order of the respondent- the Tribunal bv did not posses a valid and effective licence to drive the vehicle in question, which was However, at para 10 of the judgme co Tribunal has also come to a conclusion that the dviver' of the. vehicle had a licence to drive the > passenever-.vehicle and 'heavy goods vehicle'. As on the date. of accident he was. o ve 4 holding valid and effective licence "to drive the" vehicle'. There was a breach of we ey a rn af gla ns.and conditions of the policy. But placing reliance on the.decision, 6%. t ILR 2002 KAR 1088, the Tribtnaldirected the Insurance Company being' the. insureér:.of..the vehicle to satisfy the awards. Being azeriev "the said'judgments and awards. the Insurance. Compan. has.pteférred these appec i the learned counsel for the Insurance 6. <I have Company the learned counsel for the respondent- "Tres otrier of the vehicle though served has "remained absent' contended on behalf of the [Insurance --
--
son ve Company that at para 9 of the judgment after taking into ». censideration the additional evidence produced by the owner conclusion that of the conclusion, insofar as the hability of the driver of the vehicle did not possess a licence to drive 'theavy goods vehicle' in question, then at para 15-08. the judgment the Tribunal could not have contradicted. itself arid, sery 1K AL the leper sent a een aal he at para 16 of the Judgment. the Tribunal he appellant to satisfy the awards. Placing «reliance 'an cér decisions of the Hon'ble Apex Court).he contended that-when once the Tribunal came to a conclusion that the driver of the + vehicle did not possess a val lid and eff on the date of acc! not have directed th | Isurance Com pany to indemnify owner of the" ie. He. qerel fore, submitted that the impugned judgments lability has to | e fastenc d'< OI owner of the vehicle. OO \ an yee wy i er cortra, learned counsel appearing for the has submitted that after the remar =. resporidént-ciaim made "by this: c ourt by judement dated 05.03.2004, the owner : of the vernicle has let in additional evidence. the. basis of the said evidence has come to a_ proper Jones 3 1O1) sf Sod 2 | "vata e on nag eyeyd fy en en ent asten tlavest Tit would be significant to note that sm coe vo pws poste weet soot é a ee sie Meg os ont fant award Company was a hability and-fasteriec on the owner of the vehicle. The said pidgments were assailed by the owner No.2415/2005 and other connecte d-appeals. Bv erder dated 05.12.2006 this Court remanded the 1 The relevant portion.of the judgment F Soo. Since "all" "Case s are being the insurer. of. the -venicle in weston. the aspect of the matter is after considering the placed by both sides so far q dispose of the son oo =)
--
vk ey
-
ron ms}
-
a pe riod of one month the date of communication of this order. \ tatter was remanded only on the question of liability of the After ren yand additional evidence on that aspect of the matter. the owner of the vehicle has let in additional evic lence "by producing Exs.R6 to R9. On the basis of the r fan ch record, the Tribunal at one stage has held that the vehicle did possess a valid and effective driving lice apace on the date of accident. Subseqti ently. the. Tr iby inal"
i Rea Oo VenG os.
= Ou 5 "
C ian one ces CS .
m fi ;
a WY J opined that the driver of the vehicie.did-n and effective driving licence as-on.the date of accident. as prior to the accident, he., on O9-11:1996 fhe driver of the 4 vehicle possessésd:-a "licence. te. Grive.a 'heavy passenger vehicle' and' 'hes x ehicle Therefore, there is an DISTEC iation of the evidence as apparent contradiction in, the' ap well as the conciusion arrived at by the Tribunal, Despite, driving lreence-since, that it has contributed to the accident, ~the. Tnsura nce" Company is liable to satisfy the following. the decisions of the Division Bench of this Court reported in ILR 2002 Kar. 1088 Uf
13. Having regard to the decisions of the Hon'b! Court in the Case of National Insurance Co. td... Vs. Swaran Singh reported in 2004 ACJ 1 (SC) auc ® Orient in 2007 ACJ 2816 it is necessary inate mil " Se iS :
and correct evidence on the as pect of the validity 'of the driving licence before the In surance-Company caii-be saddi with ability. In the in stant case, it is noticed that after the remand of the matter, 0 doubt the: respondent-owner has produced Exs.P6 tc> "pa 'Ona. pertisal ef Ex.P7 (which is a photocopy of dtiving licéiice extract) the driver of the vehicle did possess a'licence to-drive 'heavy goods vehicle' and 'heavy passenger vehicle"this ig app. arent from the top portion of the Ex.P?.. Howewer, the Tribunal has not applied its mind as to from what period:te,.what pei Lil fe. driver.of the vehic
1.e., 09.11.1996. In the absence of on, the date of ac plication of mind on this aspect of the eciation of the evidence on additional! documents prodt Nas contradicted itself by holding at respondent-driver did posses a valid and effective "licence by the driver of the vehicle prior to'th eC acci has simply fastened the lability onthe uit Possession of valid and effective dr¢ of accident which has to be. considered bv the Tribun particularly, -when Jrist mance Company has objected to the diabiitw hein 1g fastened on it, in the instant 1 circuit ni stanc e. | am of the considered view that ih ese have to-be-on 1ce consideration Ex.P7. and other docun and to come to a conclusion as to 0 bse rvations made 'an rd.effective driving licence as on the a oa % o as pees cy Co
2.
wt of Stl an ped pons cot the appellants to let in evidence remand, they have not made use of the said opportunity. If the respondent-claimants are interested in est the Insurance Company has to indemnify the owner of the vehicle, it-is for: therm =™toet in additional evi licence as on the date of accident. Once the remanded before of justice to also permit the appellant-Insturarrce Company to let in additional « evidence to ) estabiis h.the fact that the driver 'a. Valid.and effective driving licence as on the. date-ofaccident. Therefore, both the are permitted to let in evidence to prove e their respective stand in the matter. remancde . in the se "appeals _to tthe Tribunal to re-determine the issue regarding the a dortunity to the appellant-[nsurance Company as as respondent-claimants as stated above. Since the Shay yeqe th Atennce af the platen wat spe ae pe rsarditinyicte ves Tribunal to dispose of the claim petitions as expeditiously as possible. Since, the appellant-Insurance Company .and. the respondent-claimants are representing in these ap are directed to appear before the Tribunal. on 17.10.201T1.-Of. that day the Tribunal to issue notices 'to' the respondént=. owner and proceed to "the claim "pewtions in accordance with law as expeditious Ss pessible.
16. Statutory deposit, 'before, this Court shall be transmitted to Tribune! anc. te be refunded to the appellant- Insurance Com petitions.
Vnpt.
ha hep poo gpm