IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A. No.1256/2015 [MV] BETWEEN :
K.T. NAGESH, S/O. THIMMANAGOWDA, AGED ABOUT 42 YEARS, R/O.KALAMANTI DODDI VILLAGE, KEREGODU HOBLI, MANDYA TALUK, MANDYA DISTRICT – 571 401.
(BY SRI RAJA L., ADV.) AND :
1. SMT. SARVAMANGALA, W/O. VIGNESAIAH, MAJOR, R/O. NO.339, DEVALAPURA VILLAGE, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 432.
2. THE BRANCH MANAGER, IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED, NO.846, NEW KANTHARAJ URS ROAD, NEAR AKSHAY BHANDAR, KUVEMPUNAGAR, MYSORE – 570 001.
3. MOHAMED SANAULLA, S/O.MOHAMED SALAR, R/O. MANDYA ROAD, NAGAMANGALA TOWN, ...APPELLANT MANDYA DISTRICT – 571 432 (BY SRI H.K. HONNEGOWDA, ADV. FOR R-1 SRI D.VIJAYKUMAR, ADV. FOR R-2 R-3 SERVED BUT UNREPRESENTED) …RESPONDENTS THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 15.11.2014 PASSED IN MVC NO.434/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, CJM, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned MACT has fastened liability on the owner on the ground that driver was not having valid ‘Driving License’ to drive the transport vehicle. Since, he was having only license to drive non transport vehicle. This issue is covered by the judgment of the Hon’ble Supreme Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited reported in AIR 2017 SC 3668. Hence the liability is to be fastened on the Insurance Company.
The Tribunal has awarded just and reasonable compensation and there is no scope for enhancement.
Accordingly, the appeal is disposed of and the Insurance Company is directed to deposit the compensation amount awarded by the Tribunal before the Tribunal within eight weeks from today.
Sd/- JUDGE Nm