IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ MFA.No.1087 OF 2014(MV) Between:
The Manager, The New India Assurance Company Limited, Branch at 1st Floor, Reddy Complex, No.67/1, Whitefield Road, Mahadevapura Post, Bengaluru – 560048.
Represented by The Manager, Motor TP Claims Hub (Appeals), The New India Assurance Company Limited, Regional Office, Mahalakshmi Chambers, No.9, M.G.Road, Bengaluru – 560001.
(By Sri.R.Rajagopalan, Adv.) And:
1. Smt.Shylaja @Chaitra, W/o late Shri Nandakumar, Aged about 30 years.
Since mentally retarded, is represented by her mother Smt.Nanjamma, W/o Shri.N.Sreeramaiah, No.28, BMP No.36, II Cross, K.G.Colony, G.M.Palya, New Tippasandra Post, …Appellant Bengaluru – 560078.
2. Shri.N.Raju, S/o Shri.Nyathan, Major, No.231, Harohalli Village and Post, Devanahalli Taluk, Bengaluru Disrict – 562110.
... Respondents (By Sri.K.T.Gurudevaprasad, Adv. for R1 R2 served) This MFA filed under Section 173(1) of MV Act against the Judgment and award dated 09.10.2013 passed in MVC No.5470/2009 on the file of the 16th Additional Judge, MACT, Bengaluru, awarding a compensation of Rs.8,62,700/- with interest @ 6% p.a from the date of this petition till the date of payment.
This appeal coming on for admission this day, the Court delivered the following:
JUDGMENT The appeal is filed by the Insurance Company challenging the judgment and award dated 09.10.2013 passed in MVC No.5470/2009 on the file of the Court of Motor Vehicles Accident Claims Tribunal, Bengaluru city.
2. The only contention raised by the appellant – Insurance Company is that the driver of the vehicle in question i.e., a TATA Sumo, was not possessing a valid and effective driving license to drive a non-transport vehicle and therefore the tribunal committed a grave error in fastening the liability on the insurance company. The contention of the learned counsel for the appellant is that the driver of the said vehicle was possessing the driving license to drive LMV (NT) and there is no separate endorsement in the license to drive a transport vehicle as such there is violation of condition in the policy and hence the Insurance company should be absolved from paying the compensation.
3. The question involved in this appeal is already decided by the Hon’ble Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Ltd., reported in AIR 2017 SC 3668 and the position of law is well settled.
4. In view of the above decision of the Apex Court, there is no merit in this appeal and the same is dismissed.
The amount in deposit shall be transmitted to the Tribunal.
Sd/- JUDGE NS