IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE S.R.KRISHNA KUMAR

M.F.A. NO.8509 OF 2019 (MV - INJ)

BETWEEN:

SRI. JOHN BOSCO A.,

S/O I.RUDHAYANATHAN

AGED ABOUT 53 YEARS,

SRIRAMAKRISHNA APARTMENT,

FLAT NO.11, 3^RD FLOOR,

DODDABOMMASANDRA,

VIDHYARANYAPURA (POST),

BANGALORE – 560 097.

... APPELLANT

(BY SRI.V.F.KUMBAR, ADVOCATE)

AND:

1.

SRI. NANJAIAH,

S/O LATE NANJAPPA,

AGED ABOUT 72 YEARS,

NO.49, 1^ST MAIN, 3^RD CROSS,

JAKKASANDRA,

KORAMANGALA 1^ST BLOCK,

BANGALORE – 560 034.

2.

THE ORIENTAL INSURANCE

COMPANY LTD.,

OFFICE CODE NO.421700,

DO VII, NO.01, SHANKAR HOUSE,

3^RD FLOOR, RMV EXTENSION,

MEKHRI CIRCLE,

BENGALURU – 560 080.

... RESPONDENTS

(BY SRI.B.C.SEETHARAMA RAO, ADVOCATE FOR R2;

R1 SERVED UNREPRESENTED)

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THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV

ACT

AGAINST

THE

JUDGMENT

AND

AWARD

DATED

06.06.2018, PASSED IN MVC NO.636/2017, ON THE FILE OF

THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT,

BENGALURU (SCCH-11), AWARDING COMPENSATION OF

RS.1,86,818/- WITH INTEREST AT THE RATE OF 6 PERCENT

P.A., FROM THE DATE OF PETITION TILL THE DATE OF

REALIZATION.

THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING :

J U D G M E N T

This appeal is directed against the impugned

judgment and award dated 06.06.2018 passed by the

MACT, Bengaluru whereby the Tribunal allowed the claim

petition

filed

by

respondent

No.1

and

awarded

compensation in a sum of Rs.1,86,818/- together with

interest 6% per annum in favour of respondent No.1

towards injury sustained by him in a road traffic accident

that occurred on 02.12.2016. By the impugned judgment

and award, the Tribunal absolved the insurance company

of its liability to pay compensation and fastened the entire

liability upon the appellant–owner on the ground that the

driver of the offending vehicle did not possess valid and

effective driving license as on the date of the accident.

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2.

Though several contentions have been urged by

the learned counsel for the parties for both side, the

appellant has also filed an application I.A.No.2/2019 under

Order 41 Rule 27 R/w 151 of CPC seeking permission to

produce the copy of learners driving license of the driver of

the vehicle involved in the accident which was valid as on

the date of the accident. In the affidavit in support of the

application, it is stated that on account of ill health and

inability on part of the appellant to move and give

necessary instruction to his counsel to produce the said

learners

license

during

the

proceedings

before

the

Tribunal, the same could not be produced by the appellant.

It is therefore submitted that inability and omission on the

part of the appellant to produce driving license was due to

bona fide reason and due to unavoidable circumstances

and as such it is necessary that an opportunity is granted

in favour of the appellant to produce the same by way of

additional evidence. It is also pointed out that due to the

aforesaid reason, the appellant also could not contest the

claim petition before the Trial Court and as such an

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opportunity in this regard is required to be given in favour

of the appellant.

3.

Though

the

said

application

is

seriously

contested by the Insurance Company, having regard to the

undisputed facts that the said document being the driving

license is relevant and material for the purpose of

adjudication of the issues in controversy between the

parties, particularly, when the Tribunal has absolved the

insurance company of its liability to pay compensation and

fastened the entire liability upon the owner on the ground

that the driver of the vehicle did not possess a valid and

effective driving license, I deem it just and proper to grant

one more opportunity to the appella