&

AWARD

DATED:17.02.2016, PASSED IN MVC.NO.696/2012 ON THE FILE OF

THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND MEMBER

ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD,

AWARDING THE COMPENSATION OF `4,57,834/- WITH INTEREST AT

THE RATE OF 8% P.A. FROM THE DATE OF PETITION TILL ITS

REALIZATION.

MFA NO.102325/2016 IS FILED U/S.173(1) OF THE MOTOR

JUDGMENT

&

AWARD

DATED:17.02.2016, PASSED IN MVC.NO.285/2012 ON THE FILE OF

THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND MEMBER

ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD,

AWARDING THE COMPENSATION OF `2,45,600/- WITH INTEREST AT

THE RATE OF 8% P.A. FROM THE DATE OF PETITION TILL THE DATE

OF REALIZATION.

THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

3

JUDGMENT

These two appeals are filed by the Insurer of the

offending Tanker bearing registration No.KA-25/6059

challenging

the

judgment

and

award

dated

17.02.2016 passed by the Principal Senior Civil Judge

and

CJM

and

Addl.

MACT,

Dharwad(hereinafter

referred to as ‘the Tribunal’, for brevity), in MVC

Nos.696/2012

and

285/2012,

on

the

ground

of

liability.

Though

these

appeals

are

listed

for

admission, with the consent of learned counsel

appearing on both sides, the same are taken up for

final disposal.

The parties to these appeals are referred to

by their rankings assigned to them before the

Tribunal for the sake of convenience.

4.

The facts of the case as revealed from the

records are;

4

On 09.11.2011 at about 10.30 am, the deceased

Pruthivigouda was traveling as a pillion rider along

with

the

claimant

in

MVC

No.285/2012

in

a

motorcycle bearing registration No.KA-25/EE 5685

and

when

the

said

motorcycle

reached

near

Belavantar

village

near

Basavanadevargudi,

the

offending Tanker bearing registration No.KA-25/6059,

which was driven in a rash and negligent manner

came from Mundagod towards Kalaghatagi side and

dashed against the motorcycle, as a result, the rider

as well as the pillion rider suffered grievous injuries

and the pillion rider succumbed to the said injuries in

the hospital. The claimants in MVC No.696/2012,

who are the parents of the deceased Pruthivigouda,

who was the pillion rider in the motorcycle, had filed

a claim petition under Section 163A of the Motor

Vehicles Act, 1988 claiming compensation from the

owner and insurer of the offending Tanker, while the

injured claimant had filed a claim petition under

Section 166 of the Motor Vehicles Act, 1988, in MVC

No.285/2012, claiming compensation in respect of

5

the injuries suffered by him in the road traffic

accident. The Tribunal had partly allowed the claim

petition and had saddled the liability to pay the

compensation amount on the Insurer of the offending

Tanker and being aggrieved by the same, the Insurer

is before this Court.

5.

Learned counsel for the Insurer submits

that the driver of the offending Tanker did not

possess a valid and effective driving licence to drive

a heavy goods vehicle carrying hazardous substance

and therefore the Tribunal was not justified in

saddling the liability to pay the compensation on the

Insurer of the offending vehicle. He submits that the

driver held only a heavy goods vehicle driving licence

and there is no endorsement in the said licence to

the effect that he was also entitled to drive heavy

goods vehicle carrying hazardous substance. Since

the vehicle was used in violation of the terms and

conditions of the policy, the Tribunal ought not to

have saddled the liability to pay the compensation on

6

the Insurer. Accordingly, he prays to allow the

appeals.

6.

Per

contra,

learned

counsel

for

the

claimants submits that the offending lorry at the time

of accident was not carrying any hazardous substance

in the said vehicle. Therefore, the Tribunal had

rightly saddled the liability to pay the compensation

on the Insurer of the said vehicle, having regard to

the judgment of the Division Bench of this Court

reported in ILR 2015 Karnataka 393 in the case of

New India Assurance Co. Ltd., Vs. V