IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR M.F.A.NO.2839/2013 (MV) BETWEEN New India Assurance Co. Ltd., No.40, Lakshmi Complex, K.R.Road, Opp.Vanivilas Hospital, Bengaluru-2, Now represented by its Regional Manager, New India Assurance Co. Ltd., Regional Office, 2-B, Unity Building Annexe, P. Kalinga Rao Road, Bengaluru-560 027. ... Appellant (By Sri. A.N. Krishna Swamy, Adv.,) AND 1. Puttasiddegowda, S/o.Late Ankegowda, Now aged about 57 years.
2. Smt.Kempamma, W/o.Puttasiddegowda, Now aged about 48 years, Both r/at No.7, Meremegala Doddi Village, Ganalalu Post, Kanakapura Taluk, Ramanagara District-562 117.
3. Kabbalegowda, S/o.Late Chikkegowda, Major, R/o Basavanadoddi Village, Kasaba Hobli, Kanakapura Taluk, Ramanagara District-562 117. ... Respondents (By Sri.V.Javahar Babu, Adv., for C/R1; R2 and R3 were served.) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 06.12.2012 passed in MVC No.2423/2011 on the file of the 8th Additional Small Causes Judge, Court of Small Causes- Member, MACT-5, Bengaluru, awarding a compensation of Rs.3,52,000/- with interest @ 6% p.a from the date of petition till the date of deposit.
This MFA coming on for Admission, this day, the Court delivered the following:
JUDGMENT Though this appeal is listed for admission, with the consent of the learned counsel appearing on both sides, it is taken up for final disposal.
2. This appeal is filed against the judgment and award dated 06.12.2012 passed in MVC No.2423/2011 by the Motor Accident Claims Tribunal-V, Court of Small Causes, Bangalore city, awarding compensation in a sum of Rs.3,52,000/- with interest at 6% per annum from the date of petition till its payment.
3. Brief facts of the case are as under :
The deceased Ankegowda who is the son of respondents 1 and 2, met with an accident on 22.03.2011 at about 3.00 p.m. when he was proceeding on Hero Honda Splendor motor cycle bearing registration No. KA-42/K-4106 from Kanakapura to Harohalli on Kanakapura – Bangalore road. At that time near Yedavanahalli gate, the driver of Tractor and Trailer bearing registration No. KA-42/T-1306 and KA- 42/T-1307 came in a rash and negligent manner and dashed against the motor cycle of the deceased. Due to the impact, the deceased Ankegowda fell down and sustained grievous injuries. He was taken to the hospital and in spite of the treatment given, he could not survive and he succumbed to the injuries.
4. On issuance of notice to the respondents, the respondent No.2 – the owner of the tractor and trailer remained absent and he was placed ex parte. However, respondent No.1 participated in the proceedings and filed written statement resisting the claim petition filed by the petitioners seeking compensation for the death of their son.
5. In order to establish their case, the claimants were examined as P.Ws. 1 and 2 and 8 documents – FIR with complaint, PM report, mahazar, IMV report, sketch, charge sheet copy, copy of ration card and copy of election I.D. card were got marked as Exs. P.1 to P.8 respectively. On the part of the respondent, one Sri. H.K. Nagabhushana was examined as R.W.1 and 9 documents were got marked as Exs. R.1 to R.9 6. Based on the pleadings, the Tribunal formulated four issues and gave its findings on the said issues and allowed the petition in part, awarding compensation of Rs.3,52,000/- with interest at 6% per annum from the date of petition till its payment and the said payment was payable by respondents 1 and 2 jointly and severally.
7. In this appeal, the learned counsel for the appellant has taken the contention that the Tribunal has held that the appellant has not led any convincing evidence in order to show that the tractor and trailer was used by the insured for commercial purposes as on the date of accident and hence driving licence need not have transport endorsement. The Tribunal further observed in its judgment that the appellant has issued a commercial policy of insurance. On these grounds, the appellant seeks for allowing of the appeal and setting aside the judgment and award passed by the Tribunal.
8. Countering the arguments advanced by the learned counsel for the appellant, the learned counsel for the respondents – claimants submits that the judgment and award passed by the Tribunal, by considering the evidence of P.Ws. 1 and 2 and so also after examining Exs. P.1 to P.8 and the evidence of R.W.1 and examining Exs. R.1 to R.9, is just and proper and does not call for any interference. Therefore, he prays for dismissal of the appeal.
9. Keeping in view the arguments advanced by the learned counsel for the appellant, as stated supra, it is relevant to refer to the judgment rendered by the Hon’ble Apex Court in the case of Mukund Dewangan v. Oriental Insurance Co. Ltd. reported in 2017 (14) SCC 663, wherein it is held, a transport vehicle and omnibus, gross vehicle weight of either of which does not exceed 7500 kg. would be a light motor vehicle and also motor car or tractor or a road roller, ‘unladen weight’ of which does not exceed 7500 kg. and holder of a driving licence to drive class of ‘light motor vehicle’ as provided in S.10(2)(d) is competent to drive a transport vehicle or omnibus, gross vehicle weight of which does not exceed 7500 kg. or a motor car or tractor or road roller, the ‘unladen weight’ of which does not exceed 7500 kg. That is to say, no separate endorsement on licence is required to drive a transport vehicle of light motor vehicle class.
In view of the above, the appeal is appears to be devoid of merits. Consequently, the appeal is hereby dismissed.
The impugned judgment and award dated 06.12.2012 passed in MVC No.2423/2011 by the Motor Accident Claims Tribunal-V, Court of Small Causes, Bangalore city, awarding compensation in a sum of Rs.3,52,000/- with interest at 6% per annum from the date of petition till its payment, is hereby confirmed.
Amount in deposit, if any, is ordered to be transmitted to the Tribunal forthwith.
Sd/-
JUDGE Mgn/-