IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT M.F.A No.8602 OF 2010 (MV) BETWEEN THE NEW INDIA ASSURANCE CO. LTD., P.NO.375, D.NO.2951, 2ND FLOOR, J.L.B. ROAD, CHAMUNDIPURAM, MYSORE.
REP. BY THE MANAGER, NEW INDIA ASSURANCE CO. LTD, REGIONAL OFFICE, NO.2-B, UNITY BUILDING ANNEXE, MISSION ROAD, BANGALORE-01. ... APPELLANT (BY SRI.M. NARAYANAPPA, ADVOCATE) AND 1. SRI R LINGAIAH, S/O LATE RACHAIAH, R/O NO.68, 8TH MAIN, 5TH BLOCK, JAYALAKSHMIPURAM, MYSORE CITY.
2. SRI ASHOKA, S/O AMARNATH, NO.124, OPP. CHIP BOARD FACTORY, HINKAL, MYSORE 3. SRI S H VISHWANATHA RAO, S/O HANUMANTHA RAO, MIG 4, I STAGE, GOKULAM, MYSORE. ... RESPONDENTS (BY SRI. B.M. HALASWAMY, ADVOCATE FOR R3; V/O DATED 24.02.2014, NOTICE TO R1 & R2 HELD SUFFICIENT) THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 19.6.2010 PASSED IN MVC NO.89/2007 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-I & MEMBER, ADDITIONAL MACT, MYSORE, AWARDING A COMPENSATION OF RS.1,00,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.
THIS MFA COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT This appeal by the Insurer calls in question the judgment and award dated 19.06.2010 made by the Addl. MACT, Mysore, allowing M.V.C.No.89/2007 whereby, a compensation of Rs.1,00,000/- with interest at the rate of 6 % per annum has been awarded, subject to the usual condition of bank deposit.
2. The learned counsel for the appellant contends that in the absence of valid and effective driving licence, no liability could have been fastened on the Insurer at all. Per contra, the learned counsel for the claimant submits that the question is no longer res integra in view of the decision of the Apex Court in the case of Pappu and Others Vs. Vinod Kumar Lamba and Another reported in AIR 2018 SC 592.
3. I have heard the learned counsel for the appellant- Insurer and the learned counsel for the claimant. I have perused the Appeal Papers.
4. The short point of law as to the liability of the Insurer in the absence of a valid and effective driving licence is already answered by the Apex Court in Pappu’s case supra in favour of the claimant, subject to the principle of ‘Pay and Recover’. The said principle has been admittedly incorporated in the impugned award. Therefore, no ground is made out for allowing the appeal.
In the above circumstances, this appeal stands dismissed; the amount in deposit shall be transmitted to the jurisdictional MACT for being released as compensation to the claimant, forthwith, in accordance with law.
No costs.
cbc Sd/- JUDGE