IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD M.F.A. No.7785 OF 2015 (MV) Between:
The New India Assurance Co. Ltd., Branch Office: Bagalur Mansion, 2nd Floor, Bg Bazaar, Kolar – 563 101.
Represented by Motor Third Party Claims Hub, Mahalakshmi Chambers, No.9, 2nd Floor, Mahatma Gandhi Road, Bangalore – 560 001.
By its Duly Constituted Attorney.
…Appellant (By Sri Ravishankar C.R., Advocate) And:
1. Smt. Kanthamma, Aged about 41 years, W/o late Shivaprakash, 2. Smt. K.S.Lavanya, Aged about 20 years, D/o late Shivaprakash, 3. Smt. Lalithamma, Aged about 36 years, W/o late Shivaprakash, 4. Chi. Deekshith, Aged about 14 years, S/o late Shivaprakash, Since minor, Represented by his Natural Guardian/mother, Respondent No.3.
All are R/o D.No.182/3, Marata Street, Kataripalya, Kolar – 563 101.
5. Sri.Shekar, Aged major, S/o Sri.Lakshmaiah, R/o Maruti Nilaya, Katariplaya Main Road, Kolar – 563 101.
… Respondents (By Sri. Gopala Krishna N., Advocate for R1- R4; Sri.Veeranna G Tigadi, Advocate for R5;
(R4 is minor represented by R3) This M.F.A. is filed under Section 173(1) of MV Act against the Judgment and Award dated 10.07.2015 passed in MVC No.114/2014 on the file of the II Additional District Judge, Member, MACT, Kolar, awarding a compensation of Rs.10,31,000/- with interest at 6% P.A. from the date of petition till its payment.
This M.F.A. coming on for admission this day, the Court delivered the following:
JUDGMENT This appeal is filed by Insurance Company challenging the judgment and award dated 10.07.2015 passed by II Additional District Judge and MACT at Kolar in MVC.No.114/2014, whereby the Tribunal has granted a compensation of Rs.10,31,000/- with interest @ 6% p.a.
2. Brief facts are as under:
On 25.11.2013 at about 5.00 p.m. the deceased Shivaprakash was going towards his house at Kataripalya from Clock Tower by walking, near Tekal Cross, an Autorickshaw bearing registration No.KA06-B- 855 came from opposite side i.e., doom light circle side with high speed in a rash and negligent manner and dashed against the deceased; due to the impact, the deceased fell down and sustained grievous injuries all over the body. Immediately he was shifted to SNR Hospital, Kolar. Later, he was shifted to R.L.Jalappa Hospital, Tamaka, Kolar and got admitted at Sri Gaurav Orthopaedic and Surgical Hospital, Kolar and to St. John’s Hospital and in turn got admitted to SNR Hospital, where he succumbed to the injuries while undergoing treatment at about 9.30 p.m. on 23.12.2013.
3. To establish the case, the claimants have examined one witness and marked 11 documents. On the other hand, the Insurance Company has examined one witness and got marked 4 documents. On appreciation of oral and documentary evidence, the Tribunal has awarded a compensation of Rs.10,31,000/- with interest @ 6% p.a. and directed the Insurance Company to pay compensation to the claimants. Being aggrieved by the same, the Insurance Company has filed this appeal.
4. Sri Ravishankar C.R, learned counsel appearing for the Insurance Company submits that, as on the date of the accident, the driver of the offending vehicle was not having a valid Driving License or an effective endorsement for driving any transport vehicle. Hence, the Insurance Company is not liable to pay any compensation.
5. Per Contra, learned counsel appearing for the claimants submits in view of the law laid down by the Hon’ble Supreme Court in the case of Mukund Dewangan vs. Oriental Insurance Company Limited [(2017) 14 SCC 663], licence to drive light motor vehicle (LMV) includes licence to drive a transport vehicle. Therefore, the Insurance Company is liable to pay compensation.
6. It is not in dispute that the deceased died in the accident due to rash and negligent driving of the Autorickshaw bearing registration No.KA06-B-855 by its driver. The driver of the offending vehicle was possessing the driving licence to drive LMV. The Hon’ble Supreme Court in the case of Mukund Dewangan (stated supra) has held that a holder of a driving licence to drive class of light motor vehicle is competent to drive a transport vehicle.
7. In view of the above, I do not find any ground to interfere with the judgment and award passed by the Tribunal. Accordingly, this appeal is dismissed.
8. The amount in deposit before this Court shall be transferred to the concerned Tribunal.
The Insurance Company is directed to deposit the amount within a period of six weeks from the date of receipt of copy of this order. The Tribunal is directed to disburse the amount to the claimants in terms of the award of the Tribunal.
Sd/- JUDGE rv