IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.200/2015 (MV) BETWEEN:
THE LEGAL MANAGER RELIANCE GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, EAST WING, 4TH FLOOR CENTENARY BUILDING, M G ROAD, BANGALORE - 560 001 ... APPELLANT (BY SRI.PRADEEP B, ADV.) AND:
1. MAHESH S/O ANNEGOWDA C/O JAYAMMA NOW AGED ABOUT 28 YEARS, R/AT NO.798, 13TH CROSS, 6TH MAIN ROAD, D GROUP LAYOUT, SRIGANGADADA KAVALU, SUNKADAKATTE, BANGALORE - 560 091 (PRESENT ADDRESS) R/AT NADANAHALLI SAGATHAHALLI POST, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT – 573 261 (PERMANENT ADDRESS) 2. M/S AMBASSADOR TOURS AND TRAVELS KRS GARDEN, MVJ ENGINEERING COLLEGE ROAD, WHITEFIELD, BANGALORE - 560 066 (BY SMT.SREEVIDYA G.K., ADV. FOR SRI.T N VISHWANATH, ADV. FOR R1; R-2 IS SERVED) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.8.2014 PASSED IN MVC NO.7751/2012 ON THE FILE OF THE 18TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-4, BANGALORE, AWARDING A COMPENSATION OF RS.5,02,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Insurance is in appeal and the challenge is on the order dated 30th August 2014 passed in MVC No.7751 of 2012 passed by the Motor Accident Claims Tribunal, Bangalore.
2. The only ground taken in the appeal is that the driver of the offending vehicle did not possess the valid and effective driving licence as on the date of accident. It is submitted that the driver was not possessing the endorsement to drive non-transport vehicle. Though the said ground was taken and hence, the Tribunal has not considered and has awarded the compensation.
3. The issue is no more res integra. The Hon’ble Supreme Court in the case of MUKUND DEWANGAN v. ORIENTAL INSURANCE COMPANY LIMITED reported in AIR 2017 SC 3668 at paragraph 14 has observed thus:
“14. The definition of ‘light motor vehicle’ makes it clear that for a transport vehicle or omnibus, the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 7500 kgs. ‘Gross vehicle weight’ has been defined in section 2(15). The motor car or tractor or road roller, the unladen weight of any of which does not exceed 7500 kgs. as defined in section 2(48) of the Act, are also the light motor vehicle. No change has been made by Amendment Act of 54/94 in the provisions contained in sections 2(21) and 10(2)(d) relating to the light motor vehicle. The definition of ‘light motor vehicle’ has to be given full effect to and it has to be read with section 10(2)(d) which makes it abundantly clear that ‘light motor vehicle’ is also a ‘transport vehicle’, the gross vehicle weight or unladen weight of which does not exceed 7500 kgs. as specified in the provision. Thus, a driver is issued a licence as per the class of vehicle i.e. light motor vehicle, transport vehicle or omnibus or another vehicle of other categories as per gross vehicle weight or unladen weight as specified in section 2(21) of the Act. The provision of section 3 of the Act requires that a person in order to drive a ‘transport vehicle’ must have authorization. Once a licence is issued to drive light motor vehicle, it would also mean specific authorization to drive a transport vehicle or omnibus, the gross vehicle weight or motor car, road roller or tractor, the unladen weight of which, as the case may be, does not exceed 7500 kg. The insertion of ‘transport vehicle’ category in section 10(2)(e) has no effect of obliterating the already defined category of transport vehicles of the class of light motor vehicle. A distinction is made in the Act of heavy goods vehicle, heavy passenger motor vehicle, medium goods vehicle and medium passenger motor vehicle on the basis of ‘gross vehicle weight’ or ‘unladen weight’ for heavy passenger motor vehicle, heavy goods vehicle, the weight, as the case may be, exceed 12000 kg. Medium goods vehicle shall mean any goods carriage other than a light motor vehicle or a heavy goods vehicle; whereas ‘medium passenger motor vehicle’ means any public service vehicle or private service vehicle or educational institution bus other than a motorcycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle.”
Following the judgment of the Hon'ble Supreme Court in the case of MUKUND DEWANGAN (supra), this Appeal also stands disposed of. Amount in deposit is directed to be transmitted to the Tribunal forthwith.
4. Further, since the connected matter has been settled before the Lok Adalat, the grounds urged with regard to the quantum becomes unsustainable.
Appeal accordingly stands disposed of.
lnn Sd/- JUDGE