IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.No.1921 OF 2014 (MV) BETWEEN:
THE MANAGER, THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, A.M.ARCADE, C.G.HOSPITAL ROAD, DAVANAGERE, NOW REPRESENTED BY ITS MANAGER AT ITS REGIONAL OFFICE, T.P.HUB, MAHALAXMI CHAMBERS, M.G.ROAD, BANGALORE-560 001.
(BY SRI.ASHOK KUMAR.V, ADVOCATE FOR SRI.M.NARAYANAPPA, ADVOCATE) AND:
1. SATTAR BEIG, S/O. IMAM BEIG, AGED ABOUT 29 YEARS, DRIVER OF VEHICLE KA-17-B-7799, R/AT. D.NO.941/01, 6TH CROSS, KTJ NAGAR, DAVANAGERE-577 001.
2. S.T.RAGHAVENDRA, S/O. S.THIMMAPPA, MAJOR BY AGE, ... APPELLANT NO.1657/13, 10TH CROSS, NEAR AYURVEDIC COLLEGE, ANJANEYA BADAVANE, DAVANAGERE-577 001.
3. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., P.B. ROAD, DAVANAGERE-577 001.
4. A.N. RAVINDRANATH @ RAVINDRANATH, AMBERKAR S/O. N.V.AMBERKAR, AGED ABOUT 61 YEARS, R/AT NO.3304, 13TH MAIN, MCC "B" BLOCK, DAVANAGERE-577 001.
... RESPONDENTS (BY SRI. B.C.SEETHARAMA RAO, ADVOCATE FOR R3;
SRI. N.PRAVEEN KUMAR, ADVOCATE FOR R4;
R1-NOTICE DISPENSED WITH VIDE ORDER DATED 06.04.2017; R2-SERVICE OF NOTICE HELD SUFFICIENT VIDE ORDER DATED 27.10.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.08.2013 PASSED IN MVC NO.219/2008 ON THE FILE OF THE PRINCIPAL, SENIOR CIVIL JUDGE & MEMBER, MACT-IV, DAVANGERE, AWARDING COMPENSATION OF RS.2,20,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF 15.01.2013 TILL REALIZATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appellant-Insurance Company is before this Court in this appeal under Section 173(1) of the Motor Vehicles Act, challenging the judgment and award dated 13-8-2013 in M.V.C.No.219/2008 on the file of the Principal Senior Civil Judge & Member, MACT-IV, Davangere.
2. The claimant-respondent No.4 filed claim petition under Section 166 of the Motor Vehicles Act, seeking compensation for the injuries sustained by him in a road traffic accident occurred on 25-6-2005. It is stated that on 25-6-2005, the claimant with his family and friends went to Ramagiri of Holalkere taluk to meet his friends. When he was returning back to Davangere, a tempo trax bearing Reg.No.KA-17-B-7799 driven by its driver came in a rash and negligent manner and dashed to a pedestrian who was carrying a gas cylinder on his shoulder. Due to the said impact, the cylinder crashing the front glass of the vehicle landed on the face of the claimant causing him grievous injuries.
3. On service of notice, appellant-Insurance Company appeared before the Tribunal and filed its statement of objections denying the petition averments and contended that the tempo trax was not at all involved in the accident. It is also stated that respondent No.1-driver of the offending vehicle had no valid and effective driving licence to drive the particular class of vehicle as on the date of accident. Hence, prayed for dismissal of the claim petition.
4. Claimant-respondent No.4 examined himself as PW-1 and PW-2 Doctor, got marked documents as Ex.P1 to Ex.P-
150. On behalf of the respondents, RW-1 & 2 were examined and documents Ex.R1 to R3 were marked.
5. The Tribunal, based on the material on record, awarded a total compensation of Rs.2,20,000/- with interest at the rate of 6% per annum and directed the insurer to deposit the said amount within the period of one month from the date of award.
6. Heard the learned counsel for the appellant and learned counsel for the respondents.
7. The only contention raised by the learned counsel for the appellant is that the driver of the offending vehicle i.e., tempo trax bearing Reg.No.KA-17-B-7799 was not possessing licence to drive a transport vehicle. It is not in dispute that the driver had light motor vehicles licence. Ex.R2-driving licence extract and Ex.R3-‘B’ Register extract were produced. Ex.R2 and R3 would make it clear that the driver of the offending vehicle had license to driver LMV (non-transport) vehicle. In view of the decision of the Hon’ble Supreme Court in MUKUND DEWANGAN vs. ORIENTAL INSURANCE CO. LTD., reported in (2017) 14 SCC 663, the contention urged by the appellant is no more res-integra and would not merit any consideration. By following the said decision, the appeal of the Insurance Company is liable to be dismissed. Accordingly, the appeal is dismissed.
The amount in deposit be transmitted to the concerned Tribunal.
Sd/- JUDGE SMJ