IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ MFA.No.3674 OF 2014(MV) Between:
BT Nandisha, S/o Thippe Gowda, 36 years, Bandihole Village and Post, Kasaba Hobli, KR Pet Taluka, Mandya District – 572140. (Owner of the vehicle) …Appellant (By Sri.Abhinay.Y.T, Adv. for Sri.N.S.Sanjay Gowda, Adv.) And:
1. Sri.BR Dinesh S/o Late Rame Gowda, 39 years 2. Smt.BR Veena W/o BS Kumar, 37 years 3. Sri.BR Raghavendra S/o Late Rame Gowda, 35 years (Claimants) All residing at Bandihole Village and Post, Kasaba Hobli, KR Pet Taluk, Mandya District – 572140.
4. The Branch Manager, Reliance General Insurance, 1st floor, Mysore Trade Centre, Opp.KSRTC Bus Stand, Mysore – 570001. (Insurer) ... Respondents (By Sri.Girish.B.Baladare, Adv. for R1 R2 and R3 are served Sri.B.Pradeep, Adv. for R4) This MFA filed under Section 173(1) of MV Act against the Judgment and award dated 27.01.2014 passed in MVC No.13/2011 on the file of the Senior Civil Judge and JMFC, K.R.Pet, awarding a compensation of Rs.2,47,948/- with interest at 8% p.a. from the date of petition till its realization or deposit.
This appeal coming on for orders this day, the Court delivered the following:
JUDGMENT This appeal is filed by the insured challenging the judgment and award dated 27.01.2014 passed in MVC No.13/2011 on the file of Court of Senior Civil Judge and MACT, K.R.Pet. The Tribunal has awarded a total compensation of Rs.2,47,498/- with interest at the rate of 8% p.a to the claimants and fixed the liability on the insured/appellant herein there by exonerating the Insurance Company from paying compensation.
2. The contention of the appellant is that the Tribunal was not proper in holding the appellant liable to pay the compensation, on the ground that the driver of the Auto rickshaw in question was not having license to drive a transport vehicle. He contends that the driver of the vehicle was holding a license to drive a LMV (NT) and therefore the insurer is liable to pay the compensation.
3. In the instant case, the driver was having driving license to drive LMV (NT). Hence, in view of the decision of the Hon’ble Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Ltd., reported in AIR 2017 SC 3668, insurer is liable to pay the compensation.
4. It is also brought to the notice of this Court that the claimants herein had filed MFA No.7302/2014 and this Court, by judgment dated 08.08.2017 allowed the said appeal in part and also held that Insurance Company is liable to pay the compensation.
In that view of the matter, I proceed to pass the following:
ORDER i) The appeal is allowed.
ii) The judgment and award dated 27.01.2014 passed in MVC No.13/2011 on the file of the Court of Senior Civil Judge and MACT, K.R.Pet in so-far-as holding the appellant i.e., respondent No.1 before the Tribunal to pay the compensation is hereby set aside.
iii) The respondent No.4/Insurance Company shall pay the entire compensation and the same shall be deposited before the tribunal within a period of 4 weeks from the date of receipt of copy of the judgment.
iv) The amount in deposit before this Court shall be refunded to the appellant.
Sd/- JUDGE NS