IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE B.M. SHYAM PRASAD MISCELLANEOUS FIRST APPEAL NO.8928 OF 2010 (MV) BETWEEN:
BAJAJ ALLAINZ GENERAL INSURANCE COMPANY LTD NO 363, SRIHARI COMPLEX, SITAVILAS ROAD MYSORE – 570 024 REPRESENTED BY ITS BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED NO 107, MISSION ROAD BANGALORE BY ITS ASST VICE PRESIDENT (CLAIMS). ... APPELLANT (BY SMT. H. R. RENUKA, ADVOCATE) AND:
1. VISHWAS. T SON OF TEJANATH AGED ABOUT 20 YEARS NO MIG-2 KHB COLONY, 1ST STAGE UDAYARAVI ROAD, KUVEMPUNAGAR, MYSORE – 570 023.
2. SREEKANTHA SON OF NARASIMHAIAH AGED ABOUT 22 YEARS D NO 2747, II CROSS IV MAIN, VINAYAKANAGAR MYSORE.
3. J. BHAGYA WIFE OF Y. G. NARASIMHIAH AGED ABOUT 36 YEARS D NO. 2474, II CROSS, IV MAIN, VINAYAKANAGAR MYSORE.
... RESPONDENTS (BY SRI. P NATARAJA, ADVOCATE FOR R1, NOTICE SERVED FOR R2 AND R3 BUT UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.6.2010 PASSED IN MVC NO.21 OF 2009 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-V, MYSORE, AWARDING A COMPENSATION OF RS.70,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Heard learned counsel for the parties who submit in unison that this appeal which is filed by the Insurance Company impugning the judgment and award dated 25.6.2010 in MVC No.21 of 2009 on the file of the Fast Track Court-IV is liable to be dismissed in view of the decision of the Hon’ble Supreme Court in Mukund Dewangan vs. Oriental Insurance Company Ltd., AIR 2017 SC 3668.
2. It is submitted that the appeal is filed on the solitary ground that the offending vehicle did not have the requisite transport endorsement as on the date of the accident. But this question is no longer res integra in view of the decision of the Hon’ble Apex Court in Mukund Dewangan vs. Oriental Insurance Company Ltd., AIR 2017 SC 3668.
3. In view of these submissions and in terms of the aforesaid decision of the Hon’ble Supreme Court, the appeal is dismissed. The amount in deposit in this appeal be transferred to the Tribunal for further course of action.
SD/- JUDGE nv