IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO.3741/2013 (WC) BETWEEN:
SRI N. PRAKASH S/O NARASIMHAPPA AGED ABOUT 54 YEARS R/O C/O KRISHNAPPA A-BLOCK, DEVARAJURS LAYOUT BEHIND COURT COMPLEX DAVANAGERE – 577 002 (BY SRI V.B. SIDDARAMAIAH, ADVOCATE) AND:
1. THE BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD., BRANCH OFFICE, 4TH FLOOR KALBURGI MANSION OPP: MUNICIPAL CORPORATION HAMINGTON ROAD HUBLI – 580 020 2. SMT. SAVITHA W/O YOGESH MAJOR, R/O MARAMMA TEMPLE 3RD CROSS, JOGIMATTI ROAD CHITRADURGA – 577 501 ... APPELLANT ... RESPONDENTS (BY SRI E.I. SANMATHI, ADVOCATE FOR R-1;
NOTICE TO R-2 DISPENSED WITH V/O DT. 22.01.2015) THIS MFA IS FILED U/S 30(1) OF W.C.ACT AGAINST THE JUDGMENT DATED 08.03.2013 PASSED IN Kaa Aa Daa/Kaa Na Pa/CR-177/2009 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, DAVANAGERE DISTRICT, DAVANAGERE, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant has confined his submission only in respect of liability.
2. The Commissioner has fixed the liability on the owner of the vehicle since the driver was holding licence only for driving light motor vehicle.
3. I have heard learned counsel for the parties and have gone through the pleadings.
4. The Hon’ble Supreme Court in the case of Mukund Dewangan vs Oriental Insurance Company Limited ([2017]14 SCC 663) has held that no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class. The relevant paragraphs of the said judgment are extracted as under:
“60.1. “Light motor vehicle” as defined in Section 2(21) of the Act would include a transport vehicle as per the weight prescribed in Section 2(21) read with Sections 2(15) and 2(48). Such transport vehicles are not excluded from the definition of the light motor vehicle by virtue of Amendment Act 54 of 1994.
60.2. A transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 kg would be a light motor vehicle and also motor car or tractor or a roadroller, “unladen weight” of which does not exceed 7500 kg and holder of a driving licence to drive class of “light motor vehicle” as provided in Section 10(2)(d) is competent to drive a transport vehicle or omnibus, the gross vehicle weight of which does not exceed 7500 kg or a motor car or tractor or roadroller, the “unladen weight” of which does not exceed 7500 kg. That is to say, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class as enumerated above. A licence issued under Section 10(2)(d) continues to be valid after Amendment Act 54 of 1994 and 28-3-2001 in the form.”
5. In view of the judgment of the Hon’ble Supreme Court in the case cited supra, it is the insurance company which is liable to pay the compensation and not the owner of the vehicle.
6. Accordingly, this appeal is disposed of by fastening the liability on the insurance company, with a direction to satisfy the award within a period of four weeks.
Sd/-
ACTING CHIEF JUSTICE bkv