(Dipak Misra, C.J. and Navin Sinha, J.)
C. Sathyanarayan Etc. ______________________________ Appellant(c)
v.
Vaddi Sreenivasulu & Ors. ________________________ Respondent(s)
Civil Appeal Nos. 24102-24103/2017 [arising out of SLP (C) Nos. 21757-21758/2017], decided on December 26, 2017
The Order of the court was delivered by
Order
1. Leave granted.
2. The present appeals by way of special leave have been preferred by two injured persons, who are affected by the common judgement and order dated 10.4.2017 passed in MFA Nos. 23150/2011 and 23149/2011 by the High Court of Karnataka, Dharwad Bench, setting aside the award passed by the Motor Accident Claims Tribunal No.-X, Bellary and directing the claimants to file the claim petition before the appropriate Tribunal. Be it noted, the Tribunal, after taking into consideration the injuries sustained by the appellant – C. Sathyanarayan, has directed the owner to pay a sum of Rs. 2,53,400/- (Rupees two lacs fifty three thousand four hundred only) and as far as the the appellant – Sreenivasulu is concerned, a sum of Rs. 1,01,000/- was directed to be paid alongwith interest at the rate of 6% per annum.
3. Learned counsel for the appellants would submit that there was no justification on the part of the High Court to set aside the award on the ground of territorial jurisdiction. Mr. Ajay Singh, learned counsel appearing for the insurer does not intend to contest the issue pertaining to lack of territorial jurisdiction. We may note here with profit that the Tribunal has fastened the liability on the owner as the driver of the Van did not have a proper license to drive a Light Motor Vehicle (Non-Transport). The said controversy is no more res integra in view of the decision rendered by this Court in Mukund Dewangan v. Oriental Insurance Company Limited, 2017 (17) SCALE 731.
4. In view of the aforesaid, we allow the appeals, set aside the order passed by the High Court and restore the award of the Tribunal, with a further stipulation that the amount awarded alongwith interest shall be deposited before the Tribunal within twelve weeks hence failing which it shall carry interest at the rate of 9% per annum from the date of application before the Tribunal. The amount so deposited shall be disbursed in favour of the appellants on proper identification. There shall be no order as to costs.
Petition for Special Leave to Appeal (C) Nos. 21757-21758/2017
C. Sathyanarayan ___________________________________ Petitioner
v.
Vaddi Sreenivasulu & Ors _______________________ Respondent(s)
(FOR ADMISSION and I.R.)
Date : 26-12-2017 These petitions were called on for hearing today.
(Before Dipak Misra, C.J. and Navin Sinha, J.)
For Petitioners Mr. Mulla Pudi Ram Babu, Adv.
Mr. N. Eswar Rao, Adv.
Ms. Vijayshree Pattnaik, Adv.
for M/S. M. Rambabu And Co., AOR For Respondents
Mr. Ajay Singh, Adv.
Mr. Amit Yadav, Adv.
Mr. Debasish Mukherjee, Adv.
Dr. Nafis A. Siddiqui, AOR
UPON hearing the counsel the Court made the following
ORDER
5. Leave granted.
6. The appeals are allowed in terms of the signed order.
7. Pending interlocutory applications, if any, also stand disposed of.
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