IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE BELLUNKE A.S.
MISCELLANEOUS FIRST APPEAL NO.8027 OF 2016 (MV-I) BETWEEN:
THE DIVISIONAL MANAGER M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD., NOW REPRESENTED BY M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V. ARCADE, BILAKAHALLI, BANNERUGHATTA MAIN ROAD, IIMB POST – 560 076, BANGALORE, REPRESENTED BY ITS ASSISTANT MANAGER.
(BY SRI B.C. SHIVANNE GOWDA, ADVOCATE) AND:
1. MUDDARAMANE HANUMANTHAPPA S/O. GIDDAPPA, NOW AGED ABOUT 60 YEARS, RESIDENT OF CHIKKANELLUR VILLAGE, SAGAR TALUK – 577 401.
... APPELLANT 2. SANTHOSH S/O. NAGARAJ KALAL, DRIVER OF THE TATA ACE, AGED ABOUT 27 YEARS, RESIDENT OF AZAD ROAD, ANAVATTI, SORABA TALUK – 577 429.
3. NAGARAJ KALAL SINCE DEAD, REPRESENTED BY LRS:
3.a. IS RESPONDENT NO.2 HEREIN.
3.b. K.N. RAMAKRISHNA S/O. NAGARAJ KALAL, AGED ABOUT 25 YEARS, RESIDENT OF AZAD ROAD, ANAVATTI, SORABA TALUK – 577 429.
... RESPONDENTS (BY SRI BIMBADHAR M. GOWDAR, ADVOCATE, FOR R-2 & 3; R-1 IS SERVED AND UNREPRESENTED) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 7-10-2016 PASSED IN M.V.C. NO.282 OF 2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & J.M.F.C., AND ADDITIONAL M.A.C.T-9, SAGAR, AWARDING COMPENSATION OF RS.1,15,500/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
J U D G M E N T Heard the learned counsel for the appellant- insurance company.
2. The appeal is directed against the judgment and award dated 7-10-2016 passed in M.V.C. No.282 of 2011 by the Court of the Senior Civil Judge and J.M.F.C. and M.A.C.T., Sagar (hereinafter referred to as ‘Tribunal’, for the sake of convenience), wherein the compensation awarded to respondent No.1 on account of the injury sustained by him in a road traffic accident that occurred on 28-3-2010.
3. The appeal is filed by the insurance company only on the ground that the driver of the vehicle had no driving license to drive a transport vehicle. The vehicle involved in the accident was TATA Ace goods transport vehicle.
4. Learned counsel for the appellant fairly submits that in view of the law laid down by the Hon’ble Supreme Court in the case of MUKUND DEWANGAN v. ORIENTAL INSURANCE COMPANY LIMITED reported in AIR 2017 SC 3668, driver holding light motor vehicle license can drive all classes of vehicle including transport vehicles without any endorsement to drive the transport vehicle.
5. On perusal of the material on record, I find that the appeal has to be dismissed in view of the law laid down by the Hon’ble Supreme Court in the case of Mukund Dewangan. It is also found that the appellant has not urged any other ground to interfere with the impugned award. Hence, for the aforesaid reasons, the appeal filed by the insurance company is dismissed.
6. The amount in deposit, if any, shall be transmitted to the Tribunal forthwith along with a copy of this judgment.
No costs.
(Sd/-) JUDGE kvk