IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.5883/2015 (MV – I) BETWEEN:
M/S. UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, P.B.NO.8811876, 2ND FLOOR, RUB BUILDING, A.A.CIRCLE, N.H.206, B.H.ROAD, SHIVAMOGGA, NOW REPRESENTED BY ITS DIVISIONAL OFFICE, K.M.ROAD, CHICKMAGALUR – 577101. REPRESENTED BY ITS DIVISIONAL MANAGER. ... APPELLANT (BY SRI.A.M.VENKATESH, ADV.) AND:
1. K.NATARAJA, S/O KRISHNAPPA, AGED ABOUT 33 YEARS, MASON, R/O SUNDARESHA BADAVANE, KODI CAMP, TARIKERE TOWN – 577 228.
2. MADHU, S/O MAHANTHESHAPPA, AGED ABOUT 25 YEARS, DRIVER OF AUTORICKSHAW BEARING REG.NO.KA-14/9685, R/O GALIHALLI, LINGADAHALLI ROAD, TARIKERE TOWN – 577 228.
3. D.GOPI, S/O DEVARAJ K., MAJOR, OWNER OF AUTORICKSHAW BEARING REG.NO.KA-14/9685, R/O 5TH CROSS, TIPPUNAGARA, SHIVAMOGGA – 577 201.
(R1 AND R3 ARE SERVED) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:19.06.2015 PASSED IN MVC NO.75/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC., MEMBER ADDITIONAL MACT, AT TARIKERE, AWARDING A COMPENSATION OF RS.25,000/- WITH COST AND INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Insurance Company is in appeal challenging the judgment and award dated 19.6.2015 passed by the Court of Senior Civil Judge and MACT, Tarikere in MvC No.75/2011.
2. The only contention raised in this appeal is that the driver of the offending vehicle, which is a passenger auto, was not holding a valid and effective driving license inasmuch as he was holding LMV/NT license without any endorsement to drive a transport vehicle. Hence, the insurer cannot be held liable to pay compensation in view of the violation of the policy conditions.
3. The Tribunal has awarded a total compensation of Rs.25,000/- to the claimant for the injuries sustained by him in a road traffic accident that occurred on 1.8.2010 involving the auto bearing No. KA:14/9685 and Maruthi car bearing No.KA 14/N 1669. The Tribunal has held that the owner and insurer of the auto are jointly and severally liable to pay the compensation and directed the appellant herein ie., the insurer of auto to deposit the same.
4. Ex.R2 is the DL Extract. The driver of the offending vehicle had a DL to drive LMV (NT). In view of the decision of the Hon’ble Apex Court in the case of Mukund Dewangan –vs- Oriental Insurance Co. Ltd. reported in 2017 ACJ 2011 it cannot be said that the driver of the offending vehicle was not holding a valid DL at the time of accident, to drive the vehicle in question. In view of the settled position of law, there is no merit in this appeal. Accordingly, the appeal is dismissed.
The amount in deposit shall be transferred to the Tribunal.
Sd/-
JUDGE nm