IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR MISCELLANEOUS FIRST APPEAL NO.3082/2016 (MV) BETWEEN:
LEGAL MANAGER ICICI LOMBARD GIC LTD., #89, II FLOOR, SVR COMPLEX 2ND FLOOR, HOSUR ROAD BANGALORE – 68.
(BY SRI PRADEEP B – ADV.) AND:
1. SMT. MAHADEVAMMA W/O LATE NAGA @ NAGASHETTY NOW AGED ABOUT 26 YEARS 2. MANU S/O LATE NAGA @ NAGASHETTY NOW AGED ABOUT 8 YEARS …APPELLANT 3. CHAITHRA D/O LATE NAGA @ NAGASHETTY NOW AGED ABOUT 2 YEARS 7 MONTHS 4. SMT. SIDDAMMA W/O LATE MAHADEVASHETTY NOW AGED ABOUT 62 YEARS THE RESPONDENT NO.2 AND 3 ARE SINCE MINOR REP BY THEIR NATURAL GUARDIAN MOTHER 1ST RESPONDENT ALL ARE R/AT MADHUVENAHALLI KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT – 571440.
5. GURUSWAMY B.M S/O MAHADEVSWAMY MAJOR, BEEVENATHALAPURA CHAMARAJANAGAR TALUK & DISTRICT – 571440.
…RESPONDENTS (BY SRI K. M. SANATH KUMARA – ADV. FOR R-1 & 4 R-5 – SERVED, UNREPRESENTED;
R-2 AND R-3 MINORS – REPRESENTED BY R-1) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.01.2016 PASSED IN MVC NO. 197/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, KOLLEGAL, AWARDING A COMPENSATION OF RS. 10,88,000/- WITH INTEREST @ 6% P.A. FROM DATE OF PETITION TILL THE DATE OF DEPOSITING THE AMOUNT IN COURT.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is presented by the insurer challenging the liability.
2. Sri. Pradeep B., learned advocate for the appellant submitted that the driver of the offending vehicle `Tata Ace’ was possessing license to drive Light Motor Vehicle but it did not contain transport endorsement.
3. Learned advocate for the claimant submitted that in view of the directions contained in paragraph No. 46 of the judgment of the Supreme Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited, reported in AIR 2017 SC 3668, transport endorsement is not necessary. This position of law is not disputed by learned advocate for the appellant. Hence, the appeal must fail and accordingly it is dismissed.
4. Amount in deposit is directed to be transmitted to the Tribunal for disbursement in accordance with law.
Sd/- JUDGE LRS/BM