The Karnataka High Court dismissed the insurance company's appeal against the Motor Accident Claims Tribunal's award, upholding the compensation grant against the insured driver based on Supreme Court precedent regarding LMV licensing.
Appeal dismissed; insurer directed to deposit compensation within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 21st DAY OF OCTOBER, 2019
BEFORE
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
MFA NO.100171 OF 2017 (MV)
BETWEEN
NATIONAL INSURANCE CO. LTD., DIVISIONAL MANAGER, MAIN ROAD, PARVATHI NAGAR, BALLARI (POLICY NO.610300/31/14/6300022853 VALID FROM 04/12/2014 TO 03/12/2015-INSURED AT DO, SHIVANARDHAMUNI PLAZA, MCC "B" BLOCK,MEDICAL COLLEGE ROAD, DAVANAGERE), NOW REPT. BY ADMINISTRATIVE OFFICER, NATIONAL INSURANCE COMPANY, HUBBALLI-580023.
... APPELLANT
(BY SRI. GANGADHAR S HOSAKERI, ADV.)
AND
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(BY SRI. G R TURAMARI, ADV. C/R1; NOTICE TO R2 DISPENSED WITH; R3 IS SERVED)
THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.10.2016 PASSED IN MVC NO.1076/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE CUM MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VI, KUDLIGI, AWARDING COMPENSATION OF RS.9,22,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
This appeal is filed by the insurance company challenging the judgment and award dated 01.10.2016 passed by the Senior Civil Judge and Member Addl. MACT-VI, Kudalagi in MVC No.1076/2015, whereby the Tribunal has granted compensation of Rs.9,22,000/- with interest at 6% per annum and fastened the liability on the insurance company.
at about 1.00 p.m. the claimant was going in Mahindra Bolero Camper bearing registration No.K.A.-16/B-4784 from Dharwad towards Belagavi. The driver of the said vehicle drove the same in a rash and negligent manner and lost control over the vehicle and dashed to the hind portion of the lorry bearing registration No.TN-67/AB7128 near bus stand, Dastikoppa village on DharwadBelagavi NH 4 road. As a result, the claimant sustained grievous injuries. Immediately after the accident, the claimant was taken to KLE Hospital, wherein he took
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treatment. After recovering from the injuries, the claimant filed a claim petition in MVC No.1076/2015, whereby the Tribunal has granted compensation of Rs.9,22,000/- with 6% interest per annum fastening the liability on the insurance company. Being aggrieved by the same, the insurance company has filed this appeal.
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holding licence to drive the LMV vehicles, he can also drive a transport vehicle of such class without endorsement to that effect. Hence, he sought for dismissal of the appeal.
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Court shall be transmitted to the jurisdictional Tribunal
for disbursement forthwith.
arise.
Sd/JUDGE
Vb/JTR
1 issue framed by the court
Whether liability is fastened on the insurance company when the driver holds an LMV license but drives a transport heavy vehicle.
Colour shows how this judgement treated each authority
Mukund Dewangan Vs. Oriental Insurance Company LimitedFollowed¶26
AIR 2017 Supreme Court 3668 · Who else cites this
National Insurance Co. Ltd.
Mahabasha Alias Sanna Mahabasha
Anjanadri Engineers
Sri. Rajashekharpa G.S.
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
