IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 02^ND DAY OF APRIL, 2012

BEFORE

THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY

MFA NO.7127 OF 2010

BETWEEN:

DEVARAJEGOWDA S/O. LAKSHMANAGOWDA, R/O. NO.16, MAVINAKERE VILLAGE, MAVINAKERE POST, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT.

(BY SRI.R.G.HALESHA, ADV.)

... APPELLANT/S

<u>AND:</u>

• 1. KARIYAIAH, S/O. LATE SUMMAIAH AGED ABOUT 42 YEARS R/AT CHITTANAHALLY VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT.
• 2. THE NATIONAL INSURANCE CO. LTD., SRI MANJUNATHESHWARA COMPLEX, BUS STAND ROAD, P.B.NO.112, HASSAN

... RESPONDENT/S

(BY SRI PUTHIGE R RAMESH & SMT.LAKSHMI S HOLLA, ADV. FOR R2 AND CHETHAN B FOR R1)

*****

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGEMENT AND AWARD DATED: 13.05.2010 PASSED IN MVC NO.94/08 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL CJM, MACT, HOLENARASIPURA, AWARDING A COMPENSATION OF RS.70,000/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT

The appellant is the owner preferred this appeal challenging the judgment and award passed by the MACT, Holenarasipur in M F A No.94/2008. The claims tribunal fastened the liability on the owner on the ground that rider of the vehicle was not in possession of valid and effective driving licence. It is the case of the appellant that one Sri Gundegowda was riding the vehicle. Despite the materials were produced, the Tribunal disbelieved the same and fastened the liability on the insurance company.

2. The appellant has filed I A No.1/2010 where the persons whose names found in the charge sheet namely, CW-2, CW-3, CWs-5 & 6 have to be examined in order to shift the

liability on the insurance company. The policy is in force and the owner could be indemnified.

3. The learned counsel for the respondent submitted to dismiss this appeal for the reasons assigned by the Tribunal that rider of the vehicle was not having driving licence. Though these evidences were available by way of charge sheet and FIR, the appellant has not taken steps to examine them.

4. I have gone through I A No.I and affidavit. The witnesses found in the charge sheet the appellant want to examine in order to fasten liability on the insurance company. In the ends of justice, I feel, the prayer made by the appellant has to be considered.

5. Accordingly, the appeal is allowed. The impugned judgment and award are set aside and the matter is remanded for fresh consideration. The parties reserve liberty to examine the witnesses and also permitted to produce additional documents. The parties are directed to appear before the Tribunal on 21.04.2012 without awaiting any notice in this regard.

AKD

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