Karnataka High Court
DILSHAD V. ATHAULLA KHAN & ORS.
MISCELLANEOUS FIRST APPEAL NO. 5640 OF 2018
(MV-D)
C/W MISCELLANEOUS FIRST APPEAL NO. 333 OF 2018
(MV-D),
MISCELLANEOUS FIRST APPEAL NO. 334 OF 2018 (MV-I)
Bench- HON’BLE MR JUSTICE N S SANJAY GOWDA
Decided On 06-04-2023
Facts of the case-
The claimant alleged that a car driven by Athaulla Khan, bearing registration No.KA-17/N-5130, collided with the deceased Shukru Sab and his granddaughter Vasila while they were standing near Bhadri shop. This collision resulted in severe injuries to Shukru Sab, leading to his unfortunate demise, and Vasila also sustained injuries. Consequently, the claimants sought compensation for the incident.
In this case, the Insurance Company was the sole party opposing the claim, while the driver and owner of the car did not contest the proceedings. The Insurance Company denied all the claims made in the petition, asserting that there was an unexplained delay in lodging the complaint. Furthermore, they contended that Athaulla Khan was not involved in the accident, as the medical records identified the driver as Akthar, son of Ameer Jan Khan. The Insurance Company argued that since Akthar, who lacked a valid driving license, was implicated as the driver instead of Athaulla Khan, they should not be held liable.
Additionally, the Insurance Company alleged collusion between the police and the claimant, asserting that the charge sheet filed against Athaulla Khan had no legal consequence.
The Tribunal, considering the discrepancies in the driver’s name recorded in the medical documents, accepted the contentions put forth by the Insurance Company. Consequently, the Insurer was absolved of any liability in this matter.
Judgement
The Court held that the findings of the Motor Accidents Claim Tribunal, which identified a different driver for the offending vehicle, cannot be accepted once a competent criminal court has already convicted the driver for charges of rash and negligent driving resulting in death. The Court noted that the Insurer failed to provide any evidence supporting the claim that the hospitalized individual was different from the person named as the first respondent, Athaulla Khan. Merely relying on entries in medical records does not establish the claim of a different driver.
Considering that the police conducted an investigation, charged Athaulla Khan, and that the Criminal Court, after trial, convicted him for driving the car recklessly and negligently, the Court concluded that Athaulla Khan was indeed the driver at the time of the accident. Based on the conviction handed down by the Criminal Court, it was deemed established that Athaulla Khan’s actions caused the death of Shukru Sab and injuries to his granddaughter, Vasila.
Consequently, the Court set aside the Tribunal’s finding that the driver was someone other than Athaulla Khan, and held the Insurer liable to pay compensation for the death of Shukru Sab and for Vasila’s injuries. The Court modified the awarded compensation from Rs 4,43,000 to Rs 9,48,200. The Insurance Company was directed to deposit the awarded compensation amount within a period of two months.
JUDGEMENT REVIEWED BY ABHAY SHUKLA
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