Karnataka High Court
M/S P K Travels vs Sri Sivaprasad N I on 17 January, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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MFA No. 1713 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 1713 OF 2015 (MV-I)
BETWEEN:
1. M/S. P K TRAVELS,
REPTD. BY ITS MANAGING PARTNER,
SRI. P.K. PARVESH,
SON OF LATE P.K. UMMAER,
AGED ABOUT 35 YEARS,
BUS OWNER,
R/A NO.11, CORPORATION BUILDING,
KALASIPALAYA MAIN ROAD,
BANGALORE-560 002.
...APPELLANT
Digitally signed by
JAI JYOTHI J
Location: HIGH (BY SRI. J D HIREMATH, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. SRI. SIVAPRASAD N. I.,
S/O KRISHNAN NAMBOOTHRI,
AGED 29 YEARS
RESIDING AT NEELAMANA,
PADANNAPURAM,
KANNUR,
KERALA-678 710.
2. M/S. ICICI LOMBORD GENERAL
INSURANCE CO. LTD.,
NO.81, SVR COMPLEX,
HOSUR ROAD,
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MFA No. 1713 of 2015
MADIVALA,
BANGALORE-560 001,
REPTD. BY ITS MANAGER.
...RESPONDENTS
(BY SRI. B PRADEEP, ADVOCATE FOR R2;
R1 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 19.05.2012
PASSED IN MVC NO.6354/2010 ON THE FILE OF THE V
ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL
CAUSES, MAYO HALL UNIT, BANGALORE, AWARDING
COMPENSATION OF Rs.28,900/- WITH INTEREST @ 6% P.A.
FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL, COMING ON ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant-owner of the Tourist bus under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for short), challenging the judgment and award dated 19.05.2012 in MVC No.6354/2010 passed by V Additional Judge, Member and Motor Accident Claims Tribunal, Bangalore, (hereinafter referred to as 'Tribunal' for short), questioning the liability fastened on the appellant/owner of bus bearing No. KA-01-C-8880. -3- MFA No. 1713 of 2015
2. The brief facts of the case are that on 04.09.2009, at about 1.00 p.m. when the claimant was travelling in a tourist bus bearing No.K-01-C-880, near Mysore-Mandavidi road, H.D.Kote, the driver of the said bus drove the same in a rash and negligent manner and dashed to a goods autorickshaw, which was parked on the left side of the road and further dashing to four pedestrians, a calf and then to a stone. Due to the accident, the claimant sustained grievous injuries. Therefore, the claimant filed claim petition before the Tribunal under Section 166 of the Motor Vehicles Act, seeking compensation. The Tribunal, on appreciating the materials on record, allowed the petition in part with cost and awarded total compensation of Rs.28,900/- along with interest at the rate of 6% per annum from the date of petition till the date of realisation fastening liability on respondent No. 2-owner of the bus therein to pay compensation to the claimant and dismissing the claim petition against respondent No.1-Insurance Company.
3. Heard learned counsel for the parties and perused the records.
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4. The contention of the learned counsel for the appellant-owner is that the driver of the bus had driving licence to drive transport vehicle and Insurance Policy was in force as on the date of the accident. Hence, the appellant-owner of the bus is not liable to pay compensation. Thus, prays for allowing the appeal by setting aside the impugned judgment and award of the Tribunal.
5. In the present case, the vehicle involved in the accident is a tourist bus bearing No.KA-01-C-8880 having seating capacity of 36 passengers. Certainly, the bus is not a light motor vehicle. The Tribunal has not discussed for what class of vehicles the driver was holding driving licence, but has observed that the driver was holding licence to drive only non-transport vehicle. On perusal of Ex.R5-Driving Licence extract, it is revealed that the driver was holding driving licence to drive HGV, MGV and LMV.
6. Learned counsel for the appellant has filed an application under Order 41 Rule 27 of the CPC along with the extract of driving licence of the driver as an additional evidence, which reveals that the driver was issued PSV bus -5- MFA No. 1713 of 2015 badge on 28.08.1986. Therefore, the driver had obtained driving licence to drive PSV Bus also but whether it is continued/renewed as on the date of the accident i.e., 04.09.2009 is not forthcoming in the evidence. Both Ex.R5- extract of driving licence vide Annexure-A are issued by the Mysore East, Transport Department by mentioning further renewal of the driving licence.
7. Under these circumstances, the evidence is required. Therefore, I.A.No.1/2021 filed under Order 41 Rule 27 of CPC is hereby allowed. However, driving licence issued for PSV bus is concerned, there is no evidence whether driving licence is renewed or not. Therefore, for this purpose, the case is remanded to the Tribunal for fresh consideration only on this aspect to give a finding whether the driver had possessed driving licence to drive the Tourist bus as on the date of the accident.
8. Hence, I proceed to pass the following:
ORDER i. The appeal is allowed.-6- MFA No. 1713 of 2015
ii. The judgment and award in MVC No.6354/2010 dated 19.05.2012 passed by the V Additional Judge, Member and MACT, Bangalore, is hereby set aside.
iii. The matter is remanded back to the Tribunal for fresh consideration in accordance with law.
iv. Liberty is reserved to the parties to lead oral or documentary evidence or both, if they are so advised.
v. The driver, owner and Insurance Company are permitted to file their respective written statements.
vi. Parties shall appear before the Tribunal on 22.02.2023, without expecting notice from the Tribunal.
vii. The Tribunal shall decide the case and dispose of the matter within a period of four months from 22.02.2023, in accordance with law.
viii. All the contentions are kept open.
ix. The amount in deposit is ordered to be refunded to the appellant-owner.
-7-MFA No. 1713 of 2015 x. Office is directed to send back the trial Court records to the Tribunal, forthwith.
Sd/-
JUDGE TL List No.: 1 Sl No.: 24