1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR MISCELLANEOUS FIRST APPEAL NO.10552 OF 2011 (MV) BETWEEN:
1. SHANKAR SHETTY S/O BHADRASHETTY AGED ABOUT 29 YEARS GORAHALLI VILLAGE BETTADAPURA HOBLI PERIYAPATNA TALUK MYSORE DISTRICT 2. MUZEEB S/O AJEEJ PASHA AGED ABOUT 40 YEARS BETTADAPURA HOBLI PERIYAPATNA TALUK MYSORE DISTRICT … APPELLANTS (BY SHRI. P.NATARAJU, ADVOCATE) AND:
1. DEVARAJ S/O NINGEGOWDA AGED ABOUT 59 YEARS DODDAKAMARAVALLI VILLAGE AND POST, PERIYAPATNA TALUK MYSORE DISTRICT-571 107 2. RELIANCE GENERAL INSURANCE COMPANY LIMITED, 1ST FLOOR, MYSORE TRADE CENTER OPP: KSRTC BUS STAND MYSORE-570 001 REPTD. BY ITS MANAGER … RESPONDENTS (BY SHRI. D.S. SRIDHAR, ADVOCATE FOR R2; R1-SERVED BUT UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.08.2011 PASSED IN MVC NO.1058/2010 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-I, MEMBER, ADDITIONAL MACT, MYSORE, AWARDING A COMPENSATION OF RS.1,35,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.
THIS MFA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
2 JUDGMENT Owner and driver of an auto rickshaw have challenged the liability saddled upon them in MVC No.1058/2010 passed by the MACT, Mysuru, awarding a compensation of Rs.1,35,000/- to the claimants.
2. Shri P. Nataraju, learned advocate for the appellants submits that driver of the auto rickshaw had a valid licence but it was not endorsed authorizing him to drive a transport vehicle. However, in view of decision of the Supreme Court of India in Mukund Dewangan Vs. Oriental Insurance Company Limited1, though there is no such endorsement in Driving Licence, Insurer is liable to indemnify the owner.
3. Shri D.S. Sridhar, learned advocate for respondent No.2 - Insurer does not dispute the position of law.
1 AIR 2017 SC 3368 3 4. In the circumstances, this appeal merits consideration and it is accordingly allowed in part. Hence, the following;
ORDER (i) Respondent No.2 – Insurer is directed to deposit the compensation amount with interest as directed by the learned Tribunal, within six weeks from the date of receipt of this order and;
(ii) Registry shall refund the amount deposited by the appellants, upon a request made by.
Sd/- JUDGE AV