IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA M.F.A.NO.10296/2010(MVC) BETWEEN NATIONAL INSURANCE COMPANY LIMITED II FLOOR, RASIKA CHAMBERS, OPP. CENTRAL MARKET, MARKET ROAD, MANGALORE NOW REP. BY D. KARTHIKA ADMINISTRATIVE OFFICER, NATIONAL INSURANCE COMPANY LIMITED REGIONAL OFFICE, M G ROAD, BANGALORE ... APPELLANT (By SRI L. SREEKANTA RAO, ADVOCATE) AND 1. VEDAVATHI W/O RAJESH SHETTY AGED ABOUT 37 YEARS, KAMBALADADDA HOUSE, BADAGARKARNDOOR VILLAGE, ALADANGADY POST, BELTHANGADY TQ DAKSHINA KANNADA 2. LANCY MONTHEIRO S/O PAUL MONTHEIRO AGED ABOUT 27 YEARS R/A MURA HOUSE, BADAGARKARNDOOR VILLAGE BELTHANGADY TQ DAKSHINA KANNADA 3. ALBERT D SOUZA S/O ROBERT D SOUZA AGED ABOUT 36 YEARS R/A PALADKA HOUSE KARAMBARU VILLAGE, BELTHANGADY TQ DAKSHINA KANNADA ... RESPONDENTS (By SRI SARAT CHANDRA BIJAI, ADVOCATE FOR R1; SRI NATARAJ BALLAL, ADVOCATE FOR R-2; SERVICE TO R-3 HELD SUFFICIENT) MFA FILED U/S 173(1) OF MV ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 26.7.2010 PASSED IN MVC NO.833/2005 ON THE FILE OF MEMBER, MACT, PUTTUR, DAKSHINA KANNADA.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is by the insurer of the offending Rickshaw Tempo challenging the judgment and award passed by the Tribunal on the ground of liability.
2. With the consent of learned counsel appearing for the parties, the appeal is heard, admitted and disposed of finally. Perused the judgment and award passed by the Tribunal.
3. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
4. As there is no dispute regarding death of a child aged about two years in a road traffic accident occurred on 29.10.2004 due to rash and negligent driving of a Rickshaw Tempo bearing registration No.KA-21-6458 by its driver and quantum of compensation awarded by the Tribunal, the only point that arises for my consideration in the appeal is:
“Whether the Tribunal was justified in fastening the liability on the insurer of the offending vehicle ?”
5. Learned counsel appearing for both the parties jointly submit that as per the latest judgment of the Hon’ble Supreme Court in the case of Mukund Dewangan vs. Oriental Insurance Co. reported in AIR 2017 SC 3668, wherein it was held that if the driver has got driving licence to drive Light Motor (Non- Transport) Vehicle and if had driven the Light Motor (Transport) vehicle unlaiden weight of which is less than 7500 Kgs, the insurer of such vehicle cannot absolve from their liability on the ground that the driver did not possess an endorsement to drive Light Motor Transport Vehicle. Their submission is placed on record.
Accordingly, appeal is dismissed. Amount, if any, deposited in the above appeal is ordered to be transmitted to the Tribunal for disbursement in favour of the claimants, in terms of the award of the Tribunal.
No order as to costs.
SD/- JUDGE DKB