IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE S.G.PANDIT M.F.A.No.8922/2015 [MV] BETWEEN :
THE MANAGER RELIANCE GIC LTD.
1ST FLOOR, KRUTHIKA ARCADE, MPL, SSS, NO.329 331, NEAR N.R. CIRCLE, H.N.PURA ROAD, HASSAN NOW REP BY ITS THE LEGAL MANAGER RELIANCE GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, 5TH FLOOR, CENTENARY BUILDING, NO.28, M.G. ROAD, BANGALORE-560001 ...APPELLANT (BY SRI B.PRADEEP, ADV.) AND :
1. CHANNAMMA W/O LATE JAVARAIAH NOW AGED ABOUT 74 YEARS R/AT 1ST CROSS, SIDDAIAH NAGAR, HASSAN PRESENT R/O SARASWATHIPURAM, 4TH CROSS, SALAGAME ROAD, HASSAN 2. NAVEENKUMAR A.P., S/O PATTABI R/AT KYATHANAKERE VILLAGE, MADIHALLI HOBLI, BELUR TALUK HASSAN DISTRICT …RESPONDENTS THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 18.09.2015 PASSED IN MVC NO.551/2014 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND MACT, HASSAN, AWARDING COMPENSATION OF RS.67,000/- WITH INTEREST AT 6% P.A FOR THE DATE OF PETITION TILL DEPOSIT.
THIS M.F.A. COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Even though the appeal is listed for orders for issuance of notice on respondents No.1 and 2, the appeal is heard for admission.
2. The appellant/insurance company is before this Court, aggrieved by saddling liability under the judgment and award dated 18.09.2015 passed in MVC No.551/2015 on the file of the III Additional District Judge and MACT, Hassan (hereinafter referred to as 'the Tribunal' for short).
3. The claimant filed claim petition under Section 166 of the Motor Vehicles Act claiming compensation for the injuries sustained in a road traffic accident that took place on 16.10.2013. On issuance of notice, the appellant/insurance company appeared before the Tribunal and filed its objections. In the objections, it is contended that the driver of the offending vehicle was not possessing valid and effective driving license as on the date of accident. The Tribunal, on appreciating the material on record including the oral and documentary evidence awarded total compensation of Rs.67,000/- with interest at the rate of 6% p.a. to the claimant and further directed the second respondent/insurer to pay the compensation and then recover from the owner of the offending vehicle. The tribunal had come to the conclusion that the driver of the offending vehicle had no valid driving licence i.e. to drive commercial vehicle and was possessing only LMV licence.
4. The Hon’ble Apex Court in the case of MUKUND DEWANGAN v/s ORIENTAL INSURANCE COMPANY LIMITED reported in (2017) 14 SCC 663 laid down a law that wherever the driver possesses LMV licence even without endorsement to drive transport vehicle, the insurer would be at the first instance liable to pay the compensation and then to recover. In view of the above decision of the Hon’ble Apex Court, the appeal would not merit any consideration and accordingly, the same is dismissed.
The amount in deposit is directed to be transmitted to the concerned tribunal.
Sd/- JUDGE mpk/-* CT:bms