Karnataka High Court
Sri. C.G. Thriyambhakamurthy vs Sri. Kadaraiah on 3 June, 2019
Author: H T Narendra Prasad
Bench: H. T. Narendra Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE 2019
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
M.F.A.No.4417 OF 2016(MV)
C/W
M.F. A.No.4418 OF 2016
C/W
M.F. A.No.4419 OF 2016
IN MFA No.4417/2016:
BETWEEN:
Sri. C.G. Thriyambhakamurthy
S/o Giddegowda
Aged 46 years
Occ: Agriculture
R/o Chanduru
Turuvekere Taluk
Tumkuru District-572215. ... Appellant
(By Sri.M.B.Chandrachooda, Advocate)
AND:
1. Sri. Kadaraiah
S/o Kempaiah
Aged 58 years
R/o Chanduru
Dandinashivara Hobli
Turuvekere Taluk
Tumakuru District-572215.
2
2. Iffco-Toko General Insurance Co. Ltd.,
N-3rd Floor, KSCMF building
Next to Hotel Chandiraka
Cunningham Road
Bengaluru-560 052.
Rep. by its Manager. ... Respondents
(By Sri.M.Siddaraju, Advocate for R1:
Sri. D.S.Sridhar, Advocate for R2)
This MFA is filed under 173(1) of MV Act, against the
Judgment and Award dated: 22.07.2015 passed in MVC
No.541/2013 on the file of the Senior Civil Judge & JMFC,
Tiptur & C/C Senior Civil Judge & JMFC, Turuvekere,
awarding compensation of Rs.2,40,446/- with interest at
6% P.A. from the date of petition till realization.
IN MFA No.4418/2016:
BETWEEN:
Sri. C.G. Thriyambhakamurthy
S/o Giddegowda
Aged 46 years
Occ: Agriculture
R/o Chanduru
Turuvekere Taluk
Tumkuru District-572215. ... Appellant
(By Sri.M.B.Chandrachooda, Advocate)
AND:
1. Sri. Kadaraiah
S/o Kempaiah
Aged 53 years
R/o Chanduru
Dandinashivara Hobli
Turuvekere Taluk
3
Tumakuru District-572215.
2. Iffco-Toko General Insurance Co. Ltd.,
N-3rd Floor, KSCMF building
Next to Hotel Chandiraka
Cunningham Road
Bengaluru-560 052.
Rep. by its Manager. ... Respondents
(By Sri.M.Siddaraju, Advocate for R1:
Sri. D.S.Sridhar, Advocate for R2)
This MFA is filed under 173(1) of MV Act, against the
Judgment and Award dated: 22.07.2015 passed in MVC
No.542/2013 on the file of the Senior Civil Judge & JMFC,
Tiptur & C/C Senior Civil Judge & JMFC, Turuvekere,
awarding compensation of Rs.31,000/- with interest at 6%
P.A. from the date of petition till realization.
IN MFA No.4419/2016:
BETWEEN:
Sri. C.G. Thriyambhakamurthy
S/o Giddegowda
Aged 46 years
Occ: Agriculture
R/o Chanduru
Turuvekere Taluk
Tumkuru District-572215. ... Appellant
(By Sri.M.B.Chandrachooda., Advocate)
AND:
1. Sri. Gangadharaiah
S/o Kempaiah
Aged 38 years
R/o Chanduru
4
Dandinashivara Hobli
Turuvekere Taluk
Tumakuru District-572215.
2. Iffco-Toko General Insurance Co. Ltd.,
N-3rd Floor, KSCMF building
Next to Hotel Chandiraka
Cunningham Road
Bengaluru-560 052.
Rep. by its Manager. ... Respondents
(By Sri.M.Siddaraju, Advocate for R1:
Sri. D.S.Sridhar, Advocate for R2)
This MFA is filed under 173(1) of MV Act, against the
Judgment and Award dated: 22.07.2015 passed in MVC
No.543/2013 on the file of the Senior Civil Judge & JMFC,
Tiptur & C/C Senior Civil Judge & JMFC, Turuvekere,
awarding compensation of Rs.13,500/- with interest at 6%
P.A. from the date of petition till realization.
These MFAs coming on for hearing, this day, this
Court, delivered the following:
JUDGMENT
The owner of the offending vehicle has filed these appeals challenging the judgment and award dated 22.07.2015 passed by the Senior Civil Judge and JMFC at Turuvekere ('Tribunal' for short), in MVC Nos.541/2013, 542/2013 and 543/2013, whereby the Tribunal has awarded compensation and directed the owner of the 5 offending vehicle to pay the compensation. Since the challenge is to the same judgment, all the appeals are clubbed, heard together and are being disposed of by this common order.
2. The brief facts of the case are that all the claimants are coolies. On 20.01.2013, claimants had been for coolie work in tractor and trailer bearing registration No.KA-44/T-5693-5694 to load and unload areca nut trees. After loading the tractor-trailer, it was proceeding from Sampige village towards Chanduru and claimants were travelling in the said trailer. When the trailer was proceeding near Kondajji cross, at Chanduru, at about 5 p.m., driver of the tractor drove the same in a rash and negligent manner with high speed and he suddenly applied the brakes in order to save the dog. As a result, tractor trailer unit capsized. Due to the impact, claimants sustained bleeding injuries. Immediately they were shifted to Government Hospital, Turuvereke and after first aid shifted to Adichunchanairi hospital and were inpatient for 6 various periods. After recovering from the injuries, they filed claim petitions before the Tribunal in MVC Nos.541/2013, 542/2013 and 55432013.
3. To establish their case, claimants examined themselves and also examined a doctor as PW2 and got marked certain documents as exhibits. On the other hand, on behalf of the respondents, two witnesses were examined as RWs. 1 and 2 and got marked certain documents as exhibits. On appreciation of the oral and documentary evidence, the Tribunal granted compensation of Rs.2,40,446/- in MVC No.541/2013, Rs.31,000/- in MVC No.542/2013 and Rs.13,500/- in MVC No.543/2013 with interest at 6% p.a. and fastened liability on the owner of the offending vehicle. Being aggrieved by the liability being fixed on the owner of the offending vehicle, he has filed these appeals.
4. Sri M.B.Chandrachooda, learned counsel for the appellant contended that the accident has occurred on 20.01.2013. On that day the driver of the tractor and 7 trailer bearing registration No. KA-44/T-5693/5694 was having a valid driving licence. Earlier the driver of the tractor and trailer had obtained driving licence from the RTO office which was in Tumakuru. Subsequently, it has been shifted to Tiptur and the driver has renewed the driving licence at RTO office at Tiptur. But the Insurance Company has examined the RTO Officer, Tumakuru as RW1. In his evidence, he has stated that driving licence has not been renewed. On the basis of that evidence the Tribunal has fastened liability on the owner of the vehicle. He further submits that he has filed an application for additional documents and he has produced the driving licence which has been renewed at RTO Office, Tiptur. Hence, he sought for remanding the matter for fresh consideration.
5. Per contra, Sri D.S.Sridhar, learned counsel for the Insurance Company submitted that as per the evidence of RWs 1 and 2, the driver of the tractor and trailer did not have the valid driving licence to drive the 8 tractor and trailer. The said licence was not renewed at the material point of time. Hence, he sought for dismissal of the appeal.
6. Heard learned counsel for the parties and perused the records.
7. It is not in dispute that claimants have suffered injuries due to the accident that occurred on 20.01.2013 due to rash and negligent driving of the driver of the tractor and trailer bearing registration No.KA-44/T- 5693/5694. The Tribunal, on the basis of the evidence of RWs. 1 and 2 i.e., the Motor Vehicle Inspector and RTO Officer, Tumakuru has held that the driver of the offending vehicle Nanjegowda was not having a valid driving licence and the same was not renewed at the material point of time i.e., on 21.01.2013. Hence, on that ground it has fastened liability on the owner of the tractor and trailer.
8. Now, the owner of the tractor and trailer i.e., appellant herein has filed I.A.No.3/2016 for production of additional documents and produced the driving licence of 9 the driver of the tractor and trailer which has been renewed at RTO Office at Tiptur. Earlier, it was coming within the jurisdiction of Tumakuru and subsequently it has been bifurcated and it has been transferred to Tiptur. The documents produced by the appellant shows that he has renewed the licence in RTO, Tiptur. But RTO Officer, Tiptur has not been examined. Therefore, this Court is of the opinion that the matter has to be remanded back to the Tribunal for consideration only in respect of liability is concerned.
9. Accordingly, the appeals are allowed. The matter is remitted back to the Tribunal only for consideration of liability. The parties and/or their advocates are directed to appear before the Tribunal on 26.06.2019. The Tribunal is directed to dispose of the claim petitions within three months from 26.06.2019. Liberty is reserved to all the parties to lead their evidence. All the contentions of the parties regarding liability are kept open. 10
The amount in deposit before this Court shall be transmitted to the Tribunal, forthwith.
Sd/-
JUDGE Cm/-