Thimmegowda, Jayamma and Puttalaxmi vs Siddegowda and The New India Insurance Company Ltd.

B.S. Indrakala, J.—The above appeal is preferred challenging the judgment and award dated 04.01.2010 passed in MVC No. 163/2008 on the file of the Principal Civil Judge (Sr. Dn.) & Addl. MACT, Hassan. The said petition was preferred by the parents and sister of one Ravi who succumbed to the injuries sustained by him in the motor vehicle accident which occurred on 04.10.2007 at 2.00 PM wherein the lorry bearing Regn. No. KA-05-F-243 belonging to the 1st respondent and insured with the 2nd respondent herein was involved. The tribunal by considering the evidence placed on record deemed it fit to award sum of Rs. 3,30,000/- with interest at the rate of 6% p.a. from the date of petition till realisation against only the owner of the vehicle and exonerated the liability of the insurance company to indemnify the owner on the ground that the insured committed violation of the terms and conditions of the policy by allowing the driver who did not possess a valid driving licence to drive the lorry.

Aggrieved by the said judgment and award, the claimants are in appeal inter alia contending amongst other grounds that the tribunal erred in absolving the liability of the 2nd respondent to indemnify the owner of the vehicle without appreciating the evidence on record properly. Further, it is also contended that the income of the deceased is wrongly taken at Rs. 3000/- per month while the tribunal ought to have taken the same at Rs. 8000/- per month as the deceased was working as a JCB operator and thus, seeks modification of the impugned judgment and award.

Learned counsel appearing for the appellant reiterated the said contentions and submitted that the tribunal ought to have fixed the liability on the insurance company to indemnify the owner as the victim was the third party to the incident. Learned counsel further submitted that now it is learnt that the driver of the vehicle viz., Prakash P., had obtained the driving licence to drive the transport vehicle with the RTO, Ramanagaram for the period from 28.01.2005 to 27.01.2008 i.e., subsequent to the obtaining the driving licence to drive the light motor vehicle. In the circumstance, he seeks remanding of the matter by giving further opportunity to the appellants to adduce further evidence.

Learned counsel appearing for the respondent/insurer submitted that if at all, if, such a driving licence is issued to the driver of the vehicle by different RTO, the same has to be proved by the appellants for which purpose he has no objection to remand the matter to the tribunal.

Thus, it is seen that the driving licence which was got marked by the respondent as Ex. R.3 was valid for the period from 19.11.1998 to 18.11.2018 was for a non-transport vehicle. Further, now as the counsel for the appellant submitted that the driver did possess a valid driving licence to drive a transport vehicle for the period from 28.01.2005 to 27.1.2008 vide very same driving licence No. 59/95 he is expected to prove the same by adducing required evidence in that regard. In the said circumstances, the matter requires to be remanded. Further, it is seen that the appellants have also questioned the quantum of compensation awarded and the said issue also may be considered afresh by the tribunal. Hence, the following:

ORDER

The above appeal is partly allowed setting-aside the impugned judgment and award dated 04.01.2010 passed in MVC No. 163/2008 on the file of the Principal Civil Judge (Sr. Dn.) & Addl. MACT, Hassan and the matter is remanded to the said tribunal for adjudicating the same afresh by giving opportunity to the appellant as well as the insurer to adduce further evidence with regard to the driving licence of the driver and also with regard to the quantum of compensation.

As both the appellant as well as the respondent No. 2 -- insurer are duly represented, they are directed to appear before the tribunal on 22.03.2014 and no fresh notice of posting need be given to them.

Office to transmit the records forthwith.

The tribunal is further directed to dispose of the matter within 6 months from the date of receipt of copy of this order.