IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 11^TH DAY OF MARCH, 2019

BEFORE:

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

MISCELLANEOUS FIRST APPEAL No.1971 OF 2014 [MV]

BETWEEN

C A Madhu @ Madhukumar

s/o Ananda, aged about 21

years, Chatachatahalli village

Halebidu Hobli, Belur Taluk

Hassan District – 573 115.

... Appellant

[By Sri Murthy D L, Advocate]

AND

1.

G H Kumaraswamy

s/o Halage Gowda

Aged about 54 years

Gonisomanahalli

Village and Post

Halebeedu Hobli

Belur Taluk

Hassan District-573115

(owner of lorry bearing

Registration No.KA-4/1089)

2.

Divisional Manager

United India Insurance

Co. Ltd., Divisional office

Do.V No.25, Shankaranarayana

Building, M G Road, Bangalore

Represented by the Branch

Manager, United India

Insurance Cop. Ltd.

Local Office, Venkateshwara

Building, B M Road

2

Hassan – 573201.

(Policy No.070500:31:

09:01:00014101

Valid from 2.8.2009

to 01.08.2010)

... Respondents

[By Sri S V Hegde Mulkhand, Advocate for R2

R1 – served)

This MFA is filed under Section 173(1) of MV Act

against the judgment and award dated 9.3.2012 passed in

MVC No.42/2010 on the file of Senior Civil Judge, Belur,

partly allowing the claim petition for compensation and

seeking enhancement of compensation.

This MFA coming on for admission this day, the

Court delivered the following:

JUDGMENT

This appeal is preferred by the injured claimant

assailing the judgment and award dated 9.3.2012 passed

in MVC No.42/2010 on the file of Senior Civil Judge,

Belur, wherein a compensation of Rs.1,30,000/- has been

awarded to the claimant for the injuries sustained by him

in a road traffic accident and the Tribunal dismissed the

claim petition against the insurer of the vehicle and

saddled

the

liability

on

the

insured

to

pay

the

compensation to the claimant.

3

2.

I have heard the learned counsel appearing for

the appellant as well as respondent No.2 – Insurance

Company. Though respondent No.1 has been served with

notice, he has remained unrepresented.

3.

Appellant

filed

a

claim

petition

seeking

compensation for the injuries sustained by him in a road

traffic accident that occurred on 16.9.2009 at about 5.00

p.m. when he was riding a bicycle. It is his case that in

front of KEB road at Halebeedu village, the driver of a lorry

bearing

Regn.

No.KA-46/1089

came

from

opposite

direction in a rash and negligent manner and dashed

against the bicycle, due to which, he sustained grievous

injuries all over his body and he was admitted to S.C.

Hospital, Hassan and took treatment etc.

4.

The Tribunal considering the evidence and

material on record, awarded a total compensation of

Rs.1,30,000/- with interest at 8% p.a. The Tribunal held

that there was valid insurance policy to the offending

vehicle i.e. the lorry bearing Regn. No.KA-46/1089,

however, after examining the copy of driving license of the

4

driver of the lorry came to the conclusion that the driver of

the lorry in question was holding a driving license to drive

LMV and not holding a DL to drive the type of vehicle

which was involved in the accident and therefore, held that

there is violation of policy conditions and absolved the

Insurance Company from paying the compensation and

saddled the liability on the owner of the vehicle.

5.

Learned counsel appearing for the appellant

would contend that there was valid driving license for the

driver of the lorry at the time of accident and therefore,

the Tribunal was not justified in absolving the Insurance

Company and directing the owner of the vehicle to pay the

compensation.

He

would

also

contend

that

the

compensation awarded by the Tribunal is on the lower

side. Accordingly, the learned counsel seeks to allow the

appeal.

6.

Learned counsel for the appellant has filed

I