Karnataka High Court
The Branch Manager vs Ismail S/O Mohd. Hussain Patel Anr on 21 September, 2020
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.KRISHNA BHAT
M.F.A.No.30786/2012 (MV)
C/W
M.F.A.No.30880/2013 (MV)
MFA NO.30786/2012
BETWEEN:
The Branch Manager,
ICICI Lombard Motor Ins. Co. Ltd,
Branch Office Kothari Complex,
Court Road, Station Bazar,
Gulbarga represented through
Manager Legal.
... Appellant
(BY Sri Manjunath M. Shetty, Advocate for
Sri. C.S.Kalburgi, Advocate)
AND:
1. Ismail S/o Mohd. Hussain Patel,
Age: 31 years, Occ: Private Service,
R/o Hallikhed (B), Tq. Humnabad,
Dist. Bidar.
2. S.Mohan Reddy S/o S. Borannareddy,
Age: Major, Occ: Business,
2
R/o H.No.8-5-211/6, Sri. Krishna Colony,
Kukatpally, R.R. Dist. A.P.
... Respondents
(Sri Liyaqat Fareed Ustad, Advocate for R1)
This MFA is filed under Section 173(1) of M.V. Act
praying to call for the records and set aside the
judgment and award dated 31st day of December-2011
passed by the Prl. Civil Judge (S.D.) & MACT-II at Bidar
in MVC No.209/2009 and to modify the compensation
awarded and to pass such other order or orders as this
Hon'ble Court deems fit under the facts and
circumstances of the case, including the costs, in the
interest of justice and equity.
MFA NO.30880/2013
BETWEEN:
Ismail S/o Mohammed Hussain Patel,
Age: 32 years, Occ: Private Service,
R/o Hallikhed-B, Tq: Humnabad,
Dist: Bidar-585401.
... Appellant
(Sri Linyaqat Fareed Ustad, Advocate)
AND:
1. S.Mohan Reddy,
S/o S.Boranreddy,
Age: Major, Occ: Business,
R/o H.No.8-5-211/6 Shri Krishna Colony,
Kukat Pally R.R. Dist. AP-258280.
2. The Branch Manager,
ICICI Lombard Motor Insurance
3
Company Ltd, Branch Office,
Kothari Complex, Court Road,
Station Bazar, Gulbarga-585103.
... Respondents
(By Sri. Manjunath M.Shetty, Advocate for
Sri C.S.Kalburgi Advocate for R2;
Notice to R1 is dispensed with v/o dated 24.04.2013)
This MFA is filed under Section 173(1) of M.V.Act
praying to call for records and, Modify the judgment and
award dated 31.12.2011 passed by the Court of the
Principal Civil Judge (Sr.Dn.) & MACT II Bidar in MVC
No.209/2009 and enhance the Compensation in the
interest of justice and equity.
These appeals coming on for Orders this day, the
Court delivered the following:
JUDGMENT
These appeals are by the Insurance Company and the claimant against the judgment and award dated 31.12.2011 in MVC No.209/2009 on the file of the learned Principal Senior Civil Judge and MACT-II, Bidar.
2. On 17.04.2008 at about 8.45 p.m. the claimant was riding a motorcycle near Excise check post on Bidar - Zahirabad Road of Andhra border and at that 4 time a tipper lorry bearing registration No.AP-12/V- 0576 being driven by its driver in a rash and negligent manner and in high speed came and dashed to his motorcycle, causing him injuries. The claim petition filed by the claimant/appellant in MFA No.30880/2013 came to be allowed by the learned Tribunal by awarding compensation of Rs.1,25,000/- with interest at 6% per annum from the date of petition till the date of realization. Learned Tribunal in addition directed the Insurance Company/appellant in MFA No.30786/2012 to deposit the entire compensation amount with interest thereon and thereafter recover the same from the owner of the vehicle.
3. Learned counsel appearing for the appellant
- Insurance Company submitted in support of his appeal MFA No.30786/2012 that the learned Tribunal below was in error in directing the Insurance Company to pay the compensation and thereafter recover the same from the owner of the tipper lorry and instead it 5 ought to have dismissed the claim petition as against the Insurance Company. He submitted that the driver of the tipper lorry was not having valid and effective driving licence to drive the same. However, learned counsel for the appellant - Insurance Company also does not dispute the settled position of law as laid down by the Hon'ble Supreme Court of India reported in (2018) 3 SCC 208 (Pappu and Others vs. Vinod Kumar Lamba and Another) to the effect that want of driving licence on the part of the driver of the vehicle which is duly insured with the Insurance Company will not entitle the Insurance Company totally to disown the liability to pay compensation amount awarded by the learned Tribunal but, it can only recover the same from the owner of such vehicle after depositing the entire amount of compensation awarded with interest before the Tribunal in the first instance. In that view of the matter, there is no error or illegality in the direction issued by the learned Tribunal to the appellant - 6 Insurance Company to deposit the compensation amount in the first instance and thereafter recover the same from the owner of the tipper lorry. Accordingly, the appeal filed by the Insurance Company is liable to be dismissed as devoid of merits.
4. Learned counsel for the appellant/claimant in support of his appeal MFA No.30880/2013 submitted that the material placed before the Tribunal merited award of compensation in a higher sum and the compensation awarded by the learned Tribunal below is too low. He submitted that his only grievance is that towards medical expenses, the learned Tribunal has awarded only Rs.30,000/- as compensation and since the claimant had spent a higher amount, learned Tribunal ought to have awarded a higher amount.
5. I have perused the records and also the judgment and award of the learned Tribunal below. Learned Tribunal below after considering the bills produced before it and the prescription chits (Exs.P8 & 7 P9) has quantified the medical expenses, and in my opinion correctly, has awarded the compensation towards medical expenses at Rs.30,000/-. Hence, there is no warrant for enhancing the compensation under the head of medical expenses. Accordingly, there is no merit in the appeal filed by the claimant and it is liable to be dismissed. Hence, the following:
ORDER The above appeals are dismissed. The amount in deposit in MFA No.30786/2012 shall be transmitted to the concerned Tribunal forthwith.
Sd/-
JUDGE Srt