C.SATHYANARAYAN Vs. VADDI SREENIVASULU

JUDGEMENT

(1.) Leave granted. 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 per annum.

(2.) Learned counsel for the appellants would submit CA 24102-24103/2017 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 vs. Oriental Insurance Company Limited, 2017 (17) SCALE 731.

(3.) 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.