IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL No.4953 OF 2014 [MV] BETWEEN Branch Manager The National Insurance Co. Ltd., Branch Office: Sri Manjunatheshwara Complex, PB No.122, Bus Stand Road Hassan – 573201, and also at Regional Office, Shubharam Complex II Floor, #144, M G Road Bangalore – 560025 Rep. by its Manager. ... Appellant [By Sri S Srishaila, Advocate] AND 1. D Ningarajaiah, s/o Doddaiah Aged about 61 yrs, r/o Neharu Nagara, Opp. Mallikarjuna Petrol Bunk, Belur – Hassan Road, Belur – 573115.
2. Chandrashekara B, s/o Basavaiah r/o Chikkabadagere Grama Bantenahalli Post, Belur Taluk – 573115, Hassan District (Owner of the TATA Indica bearing Reg. No.KA-13/A-6180) ... Respondents [By Sri M N Ningaraja, Advocate for R1, R2 - served) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 11.4.2014 passed in MVC No.479/2012 on the file of the Senior civil Judge, MACT, Belur, awarding compensation of Rs.1,46,300/- with interest at 6% p.a. on Rs.1,31,300/- from the date of petition till payment.
This MFA coming on for admission this day, the Court delivered the following:
JUDGMENT This appeal is filed by the Insurance Company challenging the liability fixed on it, whereby the Tribunal while passing the judgment and award in MVC No.479/2012 awarded a sum of Rs.1,46,300/- to the claimant/respondent No.1 and held that the Insurance Company is liable to pay the compensation awarded therein.
2. Respondent No.1 herein filed a claim petition seeking compensation for the injuries sustained by him in a road traffic accident, which occurred on 12.3.2011 involving a TATA Indica car bearing Regn. No.KA-13/A- 6180 insured with the appellant herein.
3. The Tribunal after considering the evidence and material on record awarded a total compensation of Rs.1,46,300/- with interest at 6% p.a.
4. The only contention raised by the appellant in the instant case is that the driver of the offending insured vehicle was authorized to drive only LMV class of vehicles and he was not authorized to drive LMV Maxi cab class of vehicle and therefore the driver of the vehicle has no valid driving license and in view of violation of terms and conditions of the policy, the insurer is not liable to pay the compensation. Learned counsel for the appellant would further contend that a specific authorization to drive a transport vehicle is necessary. Mere LMV endorsement is not sufficient to drive transport vehicle on the basis of laden weight of below 7500 kgs. Accordingly, learned counsel seeks to allow the appeal.
5. The question involved in this case has already been decided by the Hon’ble Apex Court in the case of ‘Mukund Dewangan –vs- Oriental Insurance Co. Ltd. reported in 2017 ACJ 2011’.
In view of the aforesaid decision of the Hon’ble Apex Court, the appeal lacks merit and accordingly it is dismissed.
The amount in deposit shall be transmitted to the Tribunal.
Sd/- JUDGE Bkm.