IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR MISCELLANEOUS FIRST APPEAL NO.201 OF 2016 (MV) BETWEEN:
1. RAMESHA S/O VENKATAPPA AGED ABOUT 41 YEARS R/O HOSA BEEDI TALAKADU TOWN T. NARASIPURA TALUK-571 124 MYSURU DISTRICT (DRIVER OF THE GOODS AUTO BEARING REG NO KA-09-A-4810) 2. C. SOMANNA S/O GEJJE CHOWDAIAH AGED ABOUT 39 YEARS R/AT HEMMIGE VILLAGE TALAKADU TOWN T. NARASIPURA TALUK-571 124 MYSURU DISTRICT (OWNER OF THE GOODS AUTO BEARING REG NO KA-09-A-4810) … APPELLANTS (BY SHRI. P.MAHESHA, ADVOCATE) AND:
1. T.V. CHANDRASHEKAR S/O T.G. VENKATARAMANEGOWDA AGED ABOUT 42 YEARS R/O HOSA BEEDI TALAKADU TOWN T. NARASIPURA TALUK-571 124 MYSURU DISTRICT 2 . THE MANAGER UNITED INDIA INSURANCE COMPANY LTD, ATCHAM MANSION SOUTHERN EXTENSION KOLLEGAL KOLLEGAL DISTRICT-571 440 (POLICY NO.07002/31/11/02/00004498 VALID UPTO 16-9-2011 TO 15-9-2012) … RESPONDENTS (BY SHRI. P. NATARAJU, ADVOCATE FOR R1; SHRI. P.B. RAJU, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.06.2015 PASSED IN MVC NO.10/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, MACT, TIRUMAKUDALU NARASIPURA, AWARDING COMPENSATION OF RS.2,95,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL DEPOSIT.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT Heard Shri P.Mahesha, learned advocate for the appellants, Shri P.Nataraju, learned advocate for respondent No.1 and Shri P.B.Raju, learned advocate for respondent No.2-Insurer.
2. This appeal is presented by the owner & driver of Goods Auto Rickshaw bearing No. KA-09-A-4810 challenging liability saddled on them in MVC.No.10/2013 by judgment and award dated 20.06.2015.
3. Respondent No.1-claimant suffered injuries, when the offending vehicle belonging to the appellant No.2 dashed against him. He filed a claim petition. On consideration of material on record, Tribunal has awarded compensation of Rs.2,95,000/-. It has absolved the Insurer from indemnifying the owner of the vehicle. Hence, this appeal.
4. Learned advocate for the appellants submits that driver of Auto Rickshaw was possessing license to drive LMV. The Tribunal has absolved the Insurer on the ground that the license did not contain transport endorsement. He further submits that the issue is covered by the decision of the Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited1 and Insurer is liable to indemnify the owner. Accordingly, he prays for allowing this appeal.
1 AIR 2017 SC 3368 5. Learned advocate for respondent No.2–Insurer does not dispute the facts of the case.
6. The Tribunal has recorded a finding in Paragraph No.20 of its judgment that the driver was licensed to drive a non transport vehicle.
7. In Mukund Dewangan (supra), it is held that Insurer cannot be absolved of its liability on the ground that transport endorsement is not found on the license. In the circumstances, this appeal merits consideration and hence, the following;
ORDER (i) Appeal is allowed;
(ii) Insurer is held liable to satisfy the judgement and award dated 20.06.2015 in MVC No.10/2013;
(iii) Insurer shall deposit the award amount of Rs.2,95,000/- before the Tribunal within four weeks from the date of receipt of a copy of this order; and (iv) Amount deposited by the owner shall be refunded to him by the Registry, if a request is so made.
No costs.
Sd/- JUDGE AV