IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL No.103/2013 (MVC) C/w MISCELLANEOUS FIRST APPEAL No.102/2013 (MVC) IN M.F.A.No.103/2013 Between:
The Bajaj Alianz General Insurance Company Limited, G.E.Plaza, Airport Road, Yerawada, Pune-411 006.
Represented ABVP Claims, Office at No.31, Ground Floor, TBR Tower, I Cross, New Mission Road, Adjacent to Jain College, Stock Exchange, Bengaluru. ... Appellant (By S. Srishaila, Advocate) And:
1. Pavan Kumar, Aged about 25 years, S/o Nagaraju, R/at Mysore Road, Channarayapatna-573 116.
2. Babu S/o Kantharaju, Major, R/of Ungaragere, Channarayapatna Taluk-573 116.
(R-1 Served; R2 Service held sufficient v/o dated 02.04.2018) ... Respondents This Miscellaneous First Appeal is filed under Section 173(1) of MV Act, against the judgment and award dated 13.07.2012 passed in MVC No.202/2011 on the file of the Presiding Officer, Fast Track Court, Channarayapatna, awarding a compensation of Rs.20,000/- with interest @ 6% P.A. from the date of petition till the date of deposit and etc., IN M.F.A.No.102/2013 Between:
The Bajaj Alianz General Insurance Company Limited, G.E.Plaza, Airport Road, Yerawada, Pune-411 006.
Represented ABVP Claims, Office at No.31, Ground Floor, TBR Tower, I Cross, New Mission Road, Adjacent to Jain College, Stock Exchange, Bengaluru. ... Appellant (By S. Srishaila, Advocate) And:
1. Smt. Bhagyamma Aged about 52 years, W/o Nagaraju, R/at Mysore Road, Channarayapatna-573 116.
2. Babu S/o Kantharaju, Major, R/of Ungaragere, Channarayapatna Taluk-573 116.
... Respondents (Sri V.A.Mohanrangam, Advocate for R-2;
R1 Service held sufficient v/o dated 02.04.2018) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act, against the judgment and award dated 13.07.2012 passed in MVC No.201/2011 on the file of the Presiding Officer, Fast Track Court, Channarayapatna, awarding a compensation of Rs.20,000/- with interest @ 6% P.A. from the date of petition till the date of deposit and etc., These Appeals coming on for Admission, this day, the Court delivered the following:
J U D G M E N T These appeals are filed by the appellant-Insurance Company, challenging the liability fixed on it by the Tribunal while awarding compensation to the Injured-claimants in M.V.C.No.201/2011 and M.V.C.No.202/2011.
2. Heard the learned counsel for the appellant- Insurance Company.
3. M.F.A.No.103/2013 is filed against the judgment and award passed in M.V.C.No.202/2011 and M.F.A.No.102/2013 is filed against the judgment and award passed in M.V.C.No.201/2011.
4. The Tribunal has awarded a total compensation of Rs.20,000/- each in the above claim petitions filed by the respective claimants and fastened the liability on the Insurance Company to pay the compensation awarded by the Tribunal.
5. The sole contention of the learned counsel for the appellant-Insurance Company is that the vehicle involved in the accident, a mini lorry is a commercial vehicle and the driver of the said vehicle was holding license to drive Light Motor Vehicle (NT) and he was not holding valid license to drive a goods vehicle or a transport vehicle. The learned counsel would submit that there is no separate endorsement in the driving license to drive that type of vehicle which was involved in the accident. Therefore, he submits that the Tribunal was not justified in fastening the liability on the insurer as the Insurance Company is not liable to pay the award in view of violation of the terms and conditions of the policy.
6. The question involved in this case is no longer res-integra, in view of the decision of the Hon’ble Apex Court in the case of Mukund Devangan Vs. Oriental Insurance Company Limited reported in AIR 2017 SCC 663.
7. There is no merit in these appeals.
Accordingly, appeals are dismissed.
The amount in deposit in both the appeals shall be transmitted to the Tribunal.
Sd/- JUDGE HA/KLV