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2023 Supreme(Online)(Kar) 29395
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NC: 2023:KHC:24670
MFA No. 11998 of 2011
C/W MFA No. 11991 of 2011
MFA No. 12005 of 2011
MFA No. 12018 of 2011
MFA No. 8374 of 2016
MFA No. 3303 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 11998 OF 2011 (MV-I)
C/W.
MISCELLANEOUS FIRST APPEAL NO. 11991 OF 2011,
MISCELLANEOUS FIRST APPEAL NO. 12005 OF 2011,
MISCELLANEOUS FIRST APPEAL NO. 12018 OF 2011,
MISCELLANEOUS FIRST APPEAL NO. 8374 OF 2016(MV-I),
MISCELLANEOUS FIRST APPEAL NO. 3303 OF 2017 (MV-I)
IN MFA NO.11998/2011
BETWEEN:
M. P. KUMARASWAMY,
S/O PRAHALADAPPA,
AGED ABOUT 32 YEARS,
VEGETABLE VENDOR,
MATHODU, HOSADURGA TALUK,
CHITRADURGA DISTRICT.
…APPELLANT
(BY SRI. RAVIKUMAR B K., ADVOCATE)
AND:
1.
M. K. RAGHAVENDRA,
S/O M. KRISHNAMURTHY,
SRI. KRISHNA NILAYA,
Digitally signed
by PAVITHRA B
Location: High
Court of
Karnataka
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NC: 2023:KHC:24670
MFA No. 11998 of 2011
C/W MFA No. 11991 of 2011
MFA No. 12005 of 2011
MFA No. 12018 of 2011
MFA No. 8374 of 2016
MFA No. 3303 of 2017
DOOR NO.1550, KOBRI PETE,
HOSADURGA TOWN,
CHITRADURGA DISTRICT - 577 527.
2.
THE GENERAL MANAGER,
ICICI LOMBORD GENERAL INSURANCE
COMPANY LIMITED,
ICICI BANK TOWERS,
BANDRA - KURLA COMPLEX,
MUMBAI - 400 051.
…RESPONDENTS
(BY SRI. LAXMINARAYAN. N. HEGDE., ADVOCATE FOR R1;
SRI. B. PRADEEP., ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:29.10.2010 PASSED IN MVC
NO.68/09 ON THE FILE OF THE ITINERARY SENIOR CIVIL
JUDGE AND MACT, HOSADURGA PARTLY ALLOWING THE
CLAIM
PETITION
FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO.11991/2011
BETWEEN:
RAMAPPA,
S/O MALLAJAPPA GOVINDAPPA,
AGED ABOUT 33 YEARS,
AGRICULTURIST, AJJI KAMSAGARA VILLAGE,
HOSADURGA TALUK,
CHITRADURGA DISTRICT.
…APPELLANT
(BY SRI. RAVIKUMAR B K., ADVOCATE)
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NC: 2023:KHC:24670
MFA No. 11998 of 2011
C/W MFA No. 11991 of 2011
MFA No. 12005 of 2011
MFA No. 12018 of 2011
MFA No. 8374 of 2016
MFA No. 3303 of 2017
AND:
1.
M. K. RAGHAVENDRA,
S/O M. KRISHNAMURTHY,
SRI. KRISHNA NILAYA,
DOOR NO.1550, KOBRI PETE,
HOSADURGA TOWN,
CHITRADURGA DISTRICT - 577 527.
2.
THE GENERAL MANAGER,
ICICI LOMBORD GENERAL INSURANCE
COMPANY LIMITED,
ICICI BANK TOWERS,
BANDRA - KURLA COMPLEX,
MUMBAI - 400 051.
…RESPONDENTS
(BY SRI. LAXMINARAYANA HEGDE., ADVOCATE FOR R1;
SRI. B. PRADEEP., ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:29.10.2010 PASSED IN MVC
NO.65/2009 ON THE FILE OF THE ITINERARY SENIOR CIVIL
JUDGE AND MACT, HOSADURGA PARTLY ALLOWING THE
CLAIM
PETITION
FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO.12005/2011
BETWEEN:
B. H. DEVARAJAPPA @ DEVARAJ,
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NC: 2023:KHC:24670
MFA No. 11998 of 2011
C/W MFA No. 11991 of 2011
MFA No. 12005 of 2011
MFA No. 12018 of 2011
MFA No. 8374 of 2016
MFA No. 3303 of 2017
S/O HANUMANTHAPPA,
AGED ABOUT 47 YEARS,
AGRICULTURIST, MATHODU VILLAGE,
HOSADURGA TALUK,
CHITRADURGA DISTRICT.
…APPELLANT
(BY SRI. RAVIKUMAR B. K., ADVOCATE AND
SRI. V. N. JAGADEESH., ADVOCATE)
AND:
1.
M. K. RAGHAVENDRA,
S/O M. KRISHNAMURTHY,
SRI. KRISHNA NILAYA,
DOOR NO.1550, KOBRI PETE,
HOSADURGA TOWN,
CHITRADURGA DISTRICT - 577 527.
2.
THE GENERAL MANAGER,
ICICI LOMBORD GENERAL INSURANCE
COMPANY LIMITED,
ICICI BANK TOWERS,
BANDRA - KURLA COMPLEX,
MUMBAI - 400 051.
…RESPONDENTS
(BY SRI. LAXMINARAYAN HEGDE., ADVOCATE FOR R1;
SRI. B. PRADEEP., ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:29.10.2010 PASSED IN MVC
NO.74/2009 ON THE FILE OF THE ITINERARY SENIOR CIVIL
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NC: 2023:KHC:24670
MFA No. 11998 of 2011
C/W MFA No. 11991 of 2011
MFA No. 12005 of 2011
MFA No. 12018 of 2011
MFA No. 8374 of 2016
MFA No. 3303 of 2017
JUDGE AND MACT, HOSADURGA, PARTLY ALLOWING THE
CLAIM
PETITION
FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO.12018/2011
BETWEEN:
PATHAIAH @ PATHAPPA,
S/O NINGAPPA,
AGED ABOUT 52 YEARS,
AGRICULTURIST,
BARAGENAGALLY VILLAGE,
HOSADURGA TALUK,
CHITRADURGA DISTRICT.
…APPELLANT
(BY SRI. RAVIKUMAR B. K., ADVOCATE)
AND:
1.
M. K. RAGHAVENDRA,
S/O M. KRISHNAMURTHY,
SRI. KRISHNA NILAYA,
DOOR NO.1550, KOBRI PETE,
HOSADURGA TOWN,
CHITRADURGA DISTRICT - 577 527.
2.
THE GENERAL MANAGER,
ICICI LOMBORD GENERAL INSURANCE
COMPANY LIMITED,
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NC: 2023:KHC:24670
MFA No. 11998 of 2011
C/W MFA No. 11991 of 2011
MFA No. 12005 of 2011
MFA No. 12018 of 2011
MFA No. 8374 of 2016
MFA No. 3303 of 2017
ICICI BANK TOWERS,
BANDRA - KURLA COMPLEX,
MUMBAI - 400 051.
…RESPONDENTS
(BY SRI. LAXMINARAYAN. N. HEGDE., ADVOCATE FOR R1;
SRI. B. PRADEEP., ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:29.10.2010 PASSED IN MVC
NO.90/2009 ON THE FILE OF THE ITINERARY SENIOR CIVIL
JUDGE AND MACT, HOSADURGA PARTLY ALLOWING THE
CLAIM
PETITION
FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO.8374/2016
BETWEEN:
NEELAMMA,
W/O RANGASWAMY,
AGED ABOUT 53 YEARS,
OCC: PRESENTLY NIL,
R/O GOSAGARA, CHIKNAYAKANAHALLI TALUK,
R/O 1ST CROSS, NITTUVALLI,
DAVANAGERE - 577 001.
…APPELLANT
(BY SMT. SARITHA KULKARNI., ADVOCATE)
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NC: 2023:KHC:24670
MFA No. 11998 of 2011
C/W MFA No. 11991 of 2011
MFA No. 12005 of 2011
MFA No. 12018 of 2011
MFA No. 8374 of 2016
MFA No. 3303 of 2017
AND:
1.
G. H. BAHDRAPPA,
S/O HALAPPA,
AGED ABOUT 42 YEARS,
R/O KONASAGAR,
MALAKALMURU TALUK,
CHITRADURGA - 577 501.
2.
M. K. RAGHAVENDRA,
S/O M. KRISHNAMURTHY,
MAJOR,
OCC: TRANSPORT BUSINESS,
R/O SHRIKRISHNA NILAYA,
DOOR NO.1550, KOBRIPET,
HOSADURGA,
CHITRADURGA DISTRICT - 577 501.
3.
THE MANAGER,
ICICI LOMBARD, GENERAL INSURANCE
COMPANY LIMITED,
ZENITH HOUSE, KESHAVRAO KHADE MARG,
MAHALAKSHMI,
MUMBAI - 400 034.
…RESPONDENTS
(BY SRI. LAXMINARAYAN. N. HEGDE., ADVOCATE FOR R2;
SRI. B. PRADEEP., ADVOCATE FOR R3)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:25.06.2012 PASSED IN MVC
NO.350/2008 ON THE FILE OF THE II ADDITIONAL SENIOR
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NC: 2023:KHC:24670
MFA No. 11998 of 2011
C/W MFA No. 11991 of 2011
MFA No. 12005 of 2011
MFA No. 12018 of 2011
MFA No. 8374 of 2016
MFA No. 3303 of 2017
CIVIL JUDGE, AND VI ADDITIONAL MACT, DAVANAGERE,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.3303/2017
BETWEEN:
BRANCH MANAGER,
ICICI LOMBARD GIC LTD.,
ZENITH HOUSE, KESHAVRAO KHADE MARG,
MAHALAKSHMI,
MUMBAI - 400 034.
NOW REPRESENTED BY ITS MANAGER,
GENERAL MANAGER,
M/S ICICI LOMBARD GIC LTD.,
NO.89, II FLOOR, SVR COMPLEX,
HOSUR MAIN ROAD,
KORAMANGALA,
MADIVALA, BANGALORE - 68.
…APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1.
NEELAMMA,
W/O RANGASWAMY,
AGED ABOUT 54 YEARS,
R/A GOSAGARA, CHIKKANAYAKANAHALLI TALUK,
NOW R/AT 1ST CROSS, NITTUVALLI,
DAVANAGERE - 577 001.
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NC: 2023:KHC:24670
MFA No. 11998 of 2011
C/W MFA No. 11991 of 2011
MFA No. 12005 of 2011
MFA No. 12018 of 2011
MFA No. 8374 of 2016
MFA No. 3303 of 2017
2.
G. H. BAHDRAPPA,
S/O HALLAPPA,
NOW AGED ABOUT 43 YEARS,
R/O KONASAGAR,
MOLAKALMURU,
CHITRADURGA DISTRICT - 577 535.
3.
M. K. RAGHAVENDRA,
AGED MAJOR,
S/O M. KRISHNAMURTHY,
R/AT SHRIKRISHNA NILAYA,
DOOR NO.1550, KOBRIPET,
HOSADURGA - 577 527,
CHITRADURGA DISTRICT.
…RESPONDENTS
(BY SRI. LAXMINARAYAN. N. HEGDE., ADVOCATE FOR R3;
SMT. SARITHA KULKARNI., ADVOCATE FOR R1;
NOTICE NOT ORDERED TO R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:25.06.2012 PASSED IN MVC
NO.350/2008 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND VI ADDITIONAL MACT AT DAVANGERE,
AWARDING COMPENSATION OF RS. 5,77,810/- ALONG WITH
INTEREST AT THE RATE OF 6% 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:
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NC: 2023:KHC:24670
MFA No. 11998 of 2011
C/W MFA No. 11991 of 2011
MFA No. 12005 of 2011
MFA No. 12018 of 2011
MFA No. 8374 of 2016
MFA No. 3303 of 2017
MFA Nos.11998/2011, 11991/2011, 12005/2011 and
12018/2011 are filed by the claimants under Section 173(1) of
Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for
short) challenging the common judgment and award passed in
MVC Nos.68/2009, 65/2009, 74/2009 and 90/2009 respectively
dated 29.10.2010, on the file of the Itinerary Senior Civil Judge
& MACT, Hosadurga, questioning the liability fixed on the owner
of the bus as well as seeking enhancement of compensation.
MFA No.8374/2016 is filed by the claimant under
Section 173(1) of MV Act, challenging the judgment and award
passed in MVC No.350/2008 dated 25.06.2012, on the file of
the II Addl. Senior Civil Judge & VI Addl. MACT, Davanagere,
seeking enhancement of compensation.
MFA No.3303/2017 is filed by the Insurance
Company challenging the above said judgment and award
passed in MVC No.350/2008 dated 25.06.2012, questioning the
liability fixed on the Insurance Company.
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4.
The brief facts of the case are that on 01.12.2007
at about 3.45 p.m., the appellants/claimants were traveling in a
Bus bearing Reg. No.KA-16/A-2637 as passengers from
Mathodu towards Hosadurga. When the bus reached near
Ajjikamsagara Vilage, the driver of the bus drove the same in a
rash and negligent manner and due to which, the bus toppled
down to its right. Due to the impact, the appellants/claimants
sustained simple and grievous injuries all over their body.
Therefore, the appellants/claimants preferred claim petitions
under Section 166 of MV Act, seeking compensation.
5.
Heard the arguments on both sides and perused the
records.
6.
The
appeals
in
MFA
No.11998/2011
(MVC
No.68/2009), MFA No.11991/2011 (MVC No.65/2009), MFA
No.12005/2011 (MVC No.74/2009) and MFA No.12018/2011
(MVC No.90/2009) are pertaining to MACT, Hosadurga. In
these four appeals, the Tribunal held that the driver of the bus
did not have driving license to drive the heavy passengers
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vehicle but only was having driving license to drive the light
motor vehicle but the vehicle involved is heavy passengers
vehicle bus. Hence, there is a violation of condition of
insurance policy. Hence, fastened the liability on the owner of
the bus. In these four appeals, upon perusal of the trial Court
records, Exs.R8 & R9 are the driving license particulars of the
driver of the bus, in which, it can be found that the driver was
holding driving license to drive the light motor vehicle only.
Hence, on these basis, the Tribunal has fastened the liability on
the owner of the bus.
7.
The
appeals
in
MFA
No.8374/2016
(MVC
No.350/2008) and MFA No.3303/2017 (MVC No.350/2008) are
pertaining to MACT, Davanagere. In these two cases, the
Tribunal held that the driver was holding driving license to drive
the heavy passengers vehicle and the vehicle in question
involved is bus which is heavy passengers vehicle. Accordingly,
the Tribunal has fastened the liability on the Insurance
Company.
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8.
Before
the
MACT,
Hosadurga
and
MACT,
Davanagere, the cases are pertaining to the same accident
involving the same bus, same owner and insurance company
but there are two different findings by two different MACTs and
has taken different view regarding whether the driver of the
bus was holding driving license or not. When the bus involved
in the accident, driver, owner and insurance company are same
and all the claim petitions are arising out of the same accident
but there are two different findings on the driving license viz.,
the MACT, Hosadurga has held that the driver of the bus was
not holding the driving license to drive heavy passengers
vehicle but only was having driving license to drive light motor
vehicle, but, the MACT, Davanagere has held that the driver of
the bus was holding driving license to drive heavy passengers
vehicle.
9.
Learned counsel for the Insurance Company is
contending that there are two driving licenses extract issued by
RTO, Sirsi and RTO, Chitradurga but the driving license extract
furnished
