Sri Basappa S/O Gurupadappa Kurali vs Sri Kareppa S/O Yallappa Maradi on 23 August, 2023

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Karnataka High Court

Sri Basappa S/O Gurupadappa Kurali vs Sri Kareppa S/O Yallappa Maradi on 23 August, 2023

Bench: Hanchate Sanjeevkumar

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                                                NC: 2023:KHC-D:9396
                                                   MFA No. 21771 of 2011




                         IN THE HIGH COURT OF KARNATAKA
                                 DHARWAD BENCH

                     DATED THIS THE 23RD DAY OF AUGUST, 2023

                                       BEFORE

                 THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

                 MISCELLANEOUS FIRST APPEAL NO.21771/2011(MV-D)


            BETWEEN:

            SRI BASAPPA S/O. GURUPADAPPA KURALI,
            AGE: 40 YEARS, OCC: AGRICULTURE,
            R/O: KANKANAWADI, TQ: RAIBAG,
            DIST: BELAGAVI.
                                                             ...APPELLANT
            (BY SRI BAHUBALI N. KANABARGI, ADVOCATE)

            AND:

            1.   SRI KAREPPA S/O. YALLAPPA MARADI,
                 AGE: 48 YEARS, OCC: AGRICULTURE,
                 R/O: TUKKANATTI, TQ: GOKAK,
                 DIST: BELAGAVI.

            2.   SMT TANGEWWA W/O. KAREPPA MARADI,
Digitally
signed by        AGE: 42 YEARS, OCC : HOUSEHOLD,
SUJATA           R/O: TUKKANATTI, TQ: GOKAK,
SUBHASH
PAMMAR           DIST: BELAGAVI.

            3.   THE DIVISIONAL MANAGER,
                 ORIENTAL INSURANCE COMPANY LTD.,
                 SHANBHAG CHAMBERS,
                 KIRLOSKAR ROAD, BELAGAVI.
                 (INSURER OF TRACTOR NO. MHK-8868,
                 TRAILER NO.KA-23/TA-2560 AND
                 POLICY NO.2008/73 VALID FR.28/04/2007
                 TO 27/04/08).
                                                          ...RESPONDENTS
            (BY SRI R.R.MANE, ADVOCATE FOR R3;
            APPEAL AGAINST R1 AND R2 STANDS DISMISSED,
            VIDE ORDER DATED 01.08.2023.)
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                                   NC: 2023:KHC-D:9396
                                         MFA No. 21771 of 2011




      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD DATED 01.06.2010, PASSED BY
THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T.,
GOKAK, IN M.V.C.NO.1501/2008 AND MATTER TO BE REMANDED, IN
THE INTEREST OF JUSTICE AND EQUITY.

     THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

By the impugned judgment and award, the tribunal while awarding compensation to the claimants has fastened liability on the appellant owner of the offending vehicle to pay compensation on the ground that the driver was not holding valid and effective driving licence.

2. The tribunal has given a finding that as on the date of accident, the driver of tractor was not holding driving licence to drive the tractor. Therefore, the tribunal is correct in holding that the insurance company is not liable to indemnify the owner as he has authorized a person to drive the tractor who was not holding valid and effective driving licence.

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NC: 2023:KHC-D:9396 MFA No. 21771 of 2011

3. Therefore, the tribunal is correct in fastening liability on the owner of the tractor and it needs no interference. Therefore, the appeal filed by the owner of the offending vehicle is liable to be dismissed. Accordingly the appeal is dismissed.

4. The amount in deposit, if any, is ordered to be transmitted to the tribunal.

SD/-

JUDGE MRK List No.: 2 Sl No.: 39 CT-ASC

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