IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A. No.1255/2015 [MV] BETWEEN :
SATHISH M.S.
S/O LATE SRINIVAS, AGED ABOUT 38 YEARS, R/O NO.1631, 3RD CROSS, VIDYANAGAR, MANDYA-TQ, MANDYA DIST-571401 ...APPELLANT (BY SRI L.RAJA, ADV.) AND :
1. SMT.SARVAMANGALA W/O VIGNESAIAH, MAJOR, R/O NO.339, DEVALAPURA VILLAGE, NAGAMANGALA TQ-571432 MANDYA DISTRICT.
2. THE BRANCH MANAGER IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED, NO.846, NEW KANTHARAJ URS ROAD, NEAR AKSHAY BHANDAR, KUVEMPUNAGAR, MYSORE-570001.
3. MOHAMMED SANAULLA S/O MOHAMED SALAR, R/O MANDYA ROAD, NAGAMANGALA TOWN, MANDYA DISTRICT-571432. …RESPONDENTS (BY SRI H.K.HONNEGOWDA, ADV. FOR R-1; SRI D.VIJAYA KUMAR, ADV. FOR R-2;
R-3 SERVED & UNREPRESENTED.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 15.11.2014 PASSED IN MVC NO.681/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, CJM, MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned MACT has fastened liability on the owner on the ground that driver was not having valid ‘Driving License’ to drive the transport vehicle. Since, he was having only license to drive non transport vehicle. This issue is covered by the judgment of the Hon’ble Supreme Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited reported in AIR 2017 SC 3668. It is held that as long as the vehicle comes in the same class, there is no bar to drive transport vehicle by the driver having license to drive non-transport vehicle.
I have gone through the judgment and award passed by the claims tribunal. The compensation awarded is just and proper and there is no scope for enhancement. Hence the liability is to be fastened on the Insurance Company.
Accordingly, the appeal is disposed of and the Insurance Company is directed to deposit the compensation amount awarded by the Tribunal before the Tribunal within eight weeks from today.
Sd/- JUDGE Nm