IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO. 2655/2010 (MV) BETWEEN:
BAJAJ ALLAINZ GENERAL INSURANCE COMPANY LTD CLUB ROAD, DESAI CROSS VIVEKANANDA CORNER HUBLI-580 029 BY ITS BRANCH MANAGER REP BY SENIOR MANAGER BAJAJ ALLAINZ GENERAL INSURANCE COMPANY BANGALORE BRANCH 105A/107A, CEARL PLAZA RESIDENCY ROAD, BANGALORE (BY SMT H R RENUKA, ADVOCATE) AND 1.THIPPESWAMY S/O MAHADEVAPPA AGED ABOUT 14 YEARS SINCE MINOR REP BY HIS FATHER AND NATURAL GUARDIAN MAHADEVAPPA S/O THIMMAIAH AGED ABOUT 54 YEARS R/O C K PURA, KELAGOTE CHITRADURGA 2.ESHANNA @ P. ESHWARAPPA S/O PAPANNA, ADULT NOW AT R/O BANDEHATTY ... APPELLANT CHALLAKERE TALUK CHITRADURGA DISTRICT ... RESPONDENTS (BY SRI K SHASHIKANTH PRASAD, ADVOCATE FOR C/R-1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.01.2010 PASSED IN MVC NO.800/2006 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE (SR.DN) AND ADDITIONAL MACT, CHITRADURGA, AWARDING A COMPENSATION OF Rs.1,00,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The only ground taken by the appellant -insurance company is that the driver was holding licence only for driving LMV non-transport vehicle. The said ground is not available to the appellant in view of the judgment of the Hon’ble Supreme Court in Mukund Dewangan vs Oriental Insurance Company Limited ([2017]14 SCC 663), wherein it is held that there is no requirement to obtain separate endorsement to drive a transport vehicle.
2. In view of the said judgment, the ground urged by the appellant does not survive for consideration. Accordingly, this appeal is dismissed.
The award amount is directed to be satisfied within eight weeks.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE bkv