Karnataka High Court
ESTATE OFFICER,university OF AGRL.SCIENCES - Appellant
Versus
KAR.GOVT.INCE.DEPT. - Respondent
Decided On : 11-20-81
W.P. : 23578 of 1980
Insurance - Motor Vehicle Accident - Motor Vehicles Act, 1939, Section 95(2)(b), Section 96(1) - The court discussed the liability of the owner, driver, and insurer in a motor vehicle accident case and the provisions of the Motor Vehicles Act, 1939, particularly Section 95(2)(b) and Section 96(1). The court emphasized the joint and several liability of the respondents and the absolute liability of the insurer.
Fact of the Case:
The petitioner, University of Agricultural Sciences, sought to quash communication demanding payment for compensation awarded in motor vehicle accident cases. The cases involved an accident with the university vehicle and claims made by the victims before the Motor Accidents Claims Tribunal.
Finding of the Court:
The court dismissed the writ petition, emphasizing the joint and several liability of the respondents and the absolute liability of the insurer as per the Motor Vehicles Act, 1939.
Issues: The issues included the liability of the owner, driver, and insurer in the motor vehicle accident cases, as well as the demand for payment from the university.
Ratio Decidendi: The court held that the liability being joint and several, the university cannot complain about the balance of the amount being demanded from them. The claimants have the right to recover the whole amount from any one of the respondents.
Final Decision: The writ petition was dismissed without rule being issued, and the court declined to quash the communication or issue a writ of mandamus to the 1st respondent to pay the entire amount.
( 1 ) THIS writ petition is by the Estate officer, University of Agricultural sciences, Hebbal, Bangalore. The prayer in the writ petition is for quashing the communication at Annexures a, B, and C and for a further direction to the 1st respondent Karnataka Government Insurance Department to make payment to the claimants in m. V. C. Cases Nos. 248 and 249 of 1976 as awarded by the Motor Accidents Claims Tribunal, Bangalore, (hereinafter referred to as the Tribunal) ,
( 2 ) IT is necessary to state that Annexures A, B, and C are letters written by the Special Tahsildar for PUC and miscellaneous Recoveries, Bangalore, demanding payment from the petitioner in respect of the two aforementoined M. V. C. Cases wherein he was one ot the respondents.
( 3 ) THE facts leading to this writ petition may be briefly stated as follows: the petitioner University vehicle bearing Registration No. 9789 registered as Omni bus in the State of karnataka met with an accident, as a result of which M. V. C. Cases Nos. 284 and 249 of 1976 came to be filed by certain claimants before the Tribunal. The two cases were disposed of by a common judgment by the Tribunal. It will be appropriate to quote the relevant passage with which alone we are concerned in order to determine the issues raised in this writ petition;"respondent No. 1 is admittedly the owner of the bus in question and the said bus has been insured in the name of R1, R2 was driving the bus in question. Hence, all the three respondents are liable to pay the said compensation to the petitioner. "between the two cases, the total amount of compensation awarded amounts to Rs. 93,000 plus Rs. 51,060 rs. 1,44,060 with interest at 6 percent per annum from date of petition till date of realisation. The successful petitioners obtained the necessary certificate under S. 110e of the Motor Vehicles act, 1939, (hereinafter referred to as the Act) and sought to realise the compensation awarded from the 1st respondent in accordance with the provisions of the said section as if the compensation awarded was arrears of land revenue. It is in that circumstance, that the 3rd respondent-Special tahsilar issued the letters at Annexures A, B and C demanding from the petitioner the balance sum due to the claimants having received Rs. 50,000 from the Insurer, the 1st Respondent herein. It will suffice to extract the letter at Annexure-C which is the last of them and it is as follows:"we are in receipt of your letter bearing No. ECT. 9769/1980-81 dated 28. 10. 80. This office is short staffed office and cannot enter into prolonged and unnecessary correspondence. The K. L. R. Act 1964 does not encourage such prolonged correspondence. Hence, this will be the last letter that this office will write in this matter. Coming to the point: your Omni-buses are arranged "in pursuance of a contract of employment". Hence the liability of the k. G. I. D. is limited to Rs. 50,000. 2. One cannot be sure that the opinion of the law Department will come within a week or two. And this office cannot wait indefinitely till the opinion comes, as this office has to submit progress report every month. 3. Hence, it is suggested that University of Agricultural Sciences may make payment now, and if the Government opinion is in its favour the university of Agricultural Sciences may ask KGID for reimbursement. 4. If Government opinion is in favour of K. G. I. D. the University of Agricultural Sciences will save considerable amount by way of interest by paying the amount immediately. Hence it is in the interest of all concerned that the payment be made immediately. There is no scope tor further correspondence. If payment is not made within 15 days the cars belonging to the University of Agricultural Sciences, will be distrained without further notice. "it is in the light of this letter, the action taken by the 3rd respondent should be considered by this Court.
( 4 ) IT is unnecessary to refer to the correspondence between th
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