Dismissed

The New India Assurance Co. Ltd., v. K Sharadamma@Sharada D/O Obalappa

Karnataka HC11 Aug 2023MFA/20880/2011

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench dismissed two appeals filed by an insurance company challenging liability. The court held that a driver holding a non-dooring license is competent to drive transport vehicles per Mukund Dewangan. Liability on the insurer was affirmed.

What did the court decide?

Appeals dismissed; judgment and award dated 26.08.2010 passed by MACT-III, Bellary affirmed.

The New India Assurance Co. Ltd., Vs K… — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC-D:8837 MFA No. 20879 of 2011 C/W MFA No. 20880 of 2011

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.20879/2011(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.20880/2011

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IN MFA.NO.20879/2011:

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BETWEEN:

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THE NEW INDIA ASSURANCE COMPANY LIMITED, BELLARY, REPRESENTED BY ASST. MANAGER, REGIONAL OFFICE, TP-HUB, II FLOOR, SRINATH COMPLEX, NEW COTTON MARKET, HUBLI-580 029.

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…APPELLANT

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(BY SRI G. N. RAICHUR, ADVOCATE)

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AND:

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Digitally signed by SUJATA SUBHASH PAMMAR

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SMT.PADMAVATI W/O. MAREPPA, AGE:33 YEARS, OCC:ANGANWADI WORKER, R/O: 5TH WARD, NOW RESIDING AT KUDITHINI VILLAGE, TQ AND DIST:BELLARY.

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SRI. S. GANESH S/O. SOMANNA, AGE:MAJOR, OCC:OWNER OF THE AUTO BEARING NO.KA-35/4832, R/O: JAGATAGERI VILLAGE, HARAKANALU POST, TQ: KUDLIGI, DIST:BELLARY.

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NC: 2023:KHC-D:8837 MFA No. 20879 of 2011 C/W MFA No. 20880 of 2011

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SRI. B. M.RAVI S/O LOKAIH, AGE:MAJOR, OCC:DRIVER OF AUTO BEARING REG. NO.KA-35/4832, R/O: MUDAKANAKATTI, KOTTUR, TQ:KUDLIGI, DIST:BELLARY.

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…RESPONDENTS

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(NOTICE TO R2 IS HELD SUFFICIENT R3 IS DISMISSED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLE ACT, 1988, PRAYING TO CALL FOR THE RECORDS HEAR THE PARTIES AND SET ASIDE THE JUDGMENT AND AWARD DATED 26.08.2010, IN M.V.C.NO.782/2007 PASSED BY THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL NO.III, BELLARY, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY.

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IN MFA.NO.20880/2011:

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BETWEEN:

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THE NEW INDIA ASSURANCE COMPANY LIMITED, BELLARY, REPRESENTED BY ASST. MANAGER, REGIONAL OFFICE, TP-HUB, II FLOOR, SRINATH COMPLEX, NEW COTTON MARKET, HUBLI-580 029.

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…APPELLANT

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(BY SRI G. N. RAICHUR, ADVOCATE)

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AND:

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K SHARADAMMA AT SHARADA D/O. OBALAPPA, AGE: 38 YEARS, OCC: ANGANWADI WORKER,

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NC: 2023:KHC-D:8837 MFA No. 20879 of 2011 C/W MFA No. 20880 of 2011

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APART FROM DOING TAILORING WORK, R/O: NEAR MARKET, KUDLIGI, NOW RESIDING BELAGAL CROSS, BELLARY, DIST: BELLARY.

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SRI. S. GANESH S/O. SOMANNA, AGE:MAJOR, OCC:OWNER OF THE AUTO BEARING NO.KA-35/4832, R/O: JAGATAGERI VILLAGE, HARAKANALU POST, TQ: KUDLIGI, DIST:BELLARY.

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SRI. B. M.RAVI S/O LOKAIAH, AGE:MAJOR, OCC:DRIVER OF AUTO BEARING REG. NO.KA-35/4832, R/O: MUDAKANAKATTI, KOTTUR, TQ:KUDLIGI, DIST:BELLARY.

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…RESPONDENTS

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( NOTICE TO R2 IS HELD SUFFICIENT R3 IS DISMISSED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLE ACT, 1988, PRAYING TO CALL FOR THE RECORDS HEAR THE PARTIES AND SET ASIDE THE JUDGMENT AND AWARD DATED 26.08.2010, IN M.V.C.NO.781/2007 PASSED BY THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL NO.III, BELLARY, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY.

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THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC-D:8837 MFA No. 20879 of 2011 C/W MFA No. 20880 of 2011

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JUDGMENT

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The appeal in MFA No.20879/2011 and MFA No.20880/2011 are filed by the insurance company challenging the judgment and award dated 26.08.2010 passed by the MACT-III, Bellary in MVC No.782/2007 and MVC No.781/2007 questioning the liability fixed on the insurance company.

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The fact of occurrence of accident and injury sustained by the claimants in the said accident is not in dispute. The applicability and coverage of the insurance policy is also not in dispute. The appellant-Insurance Company is before this Court only challenging the liability fastened on it in both the appeals.

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Heard the learned counsel for parties and perused the material available on record.

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In the present case, it is submitted that both claimants have traveled in the auto rickshaw bearing No.KA-35/4832 as a fair paid passenger and met with

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NC: 2023:KHC-D:8837 MFA No. 20879 of 2011 C/W MFA No. 20880 of 2011

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accident and due to that the claimants have sustained the injuries. Hence, the claim petition is filed. The Tribunal awarded compensation and fastened the liability on both owner and insurer of the auto rickshaw jointly and severally.

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It is the contention urged by the counsel for the appellant in both the appeals that the auto rickshaw is a light motor vehicle (Transport). But, the driver was having driving license to drive only light motor vehicle (nontransport). Therefore, submitted that the driver was not holding valid and effective driving license and hence, contended that there is breach of policy conditions. Hence, insurance company is not liable to pay compensation.

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The issue involved is no more res intergra in view of the judgment of Hon’ble Supreme Court in the case of Mukund Dewangan Vs. Oriental Insurance Co. Limited Vs. Oriental Insurance Company Limited¹ . It

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is held in the said judgment that the person who is holding

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1 (2017) 14 SCC 663,

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6 - NC: 2023:KHC-D:8837 MFA No. 20879 of 2011 C/W MFA No. 20880 of 2011

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the driving license to drive light motor vehicle (Nontransport) is also competent to drive light motor vehicle (transport), even though there is no endorsement as (transport). Therefore, issue involved is squarely covered by the Judgment of Mukund Dewangan’s (supra) case. Therefore, tribunal is correct in saddling the liability on the Insurance Company. Accordingly, I pass the following :

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ORDER

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Appeals are dismissed.

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SD/JUDGE

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HMB List No.: 2 Sl No.: 1 CT-ASC

The New India Assurance Co. Ltd., v. K Sharadamma@Sharada D/O Obalappa

Case brief

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The New India Assurance Co. Ltd., v. K Sharadamma@Sharada D/O Obalappa

Case brief

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