Appeals by an insurance company challenging liability for motor vehicle accident compensation were dismissed. The court held, relying on Mukund Dewangan, that lack of valid transport driving license does not exempt the insurer from liability.
Appeals dismissed; Trial Court records to be returned to Tribunal; Deposit amount to be transmitted.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2023 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5766 OF 2018 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5767 OF 2018
IN MFA NO.5766/2018
BETWEEN:
LEGAL MANAGER BHARATHI AXA GIC LTD., 1ST FLOOR,FEMS ICON, SURVEY NO.28, DODDANEKUNDI VILLAGE, K.R.PURAM HOBLI, BANGALORE-560 037
…APPELLANT
(BY SRI. PRADEEP B.,ADVOCATE)
AND:
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SMT.SUSHMITHA G., FOR SRI. GOPAL KRISHNA N.,ADVOCATES FOR R-1; NOTICE SERVED TO R-2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED17.02.2018 PASSED IN MVC NO.622/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, MULBAGAL, AWARDING COMPENSATION OF RS.52,500/- WITH INTEREST AT 6% P..A FORM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5767 OF 2018
BETWEEN:
LEGAL MANAGER BHARATHI AXA GIC LTD., 1ST FLOOR,FEMS ICON, SURVEY NO.28, DODDANEKUNDI VILLAGE, K.R.PURAM HOBLI, BANGALORE-560 037
…APPELLANT
(BY SRI. PRADEEP B.,ADVOCATE)
AND:
…RESPONDENTS
(BY SMT.SUSHMITHA G., FOR SRI. GOPAL KRISHNA N.,ADVOCATES FOR R-1; NOTICE SERVED TO R-2 BUT UNREPRESENTED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED17.02.2018 PASSED IN MVC NO.622/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, MULBAGAL, AWARDING COMPENSATION OF RS.52,500/- WITH INTEREST AT 6% P..A FORM THE DATE OF PETITION TILL REALIZATION.
THESE APPEALS, ARE COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in MVC Nos.622 & 694/2014, dated 17.02.2018, the insurance company is before this court questioning the liability. The court below disposed off both the cases a copy of common order this court is also disposed off these two MFA and by way of common order.
driver of the auto-rickshaw drove the same in a high speed and in a rash and negligent manner, he lost control over the vehicle and the said auto got turtled and fell on the mud path, due to the said impact, the claimants sustained injuries. It is the case of the insurance company that the driver of the auto was having a driving licenses to drive the LMV (Non Transport) whereas the auto is a transport vehicle. As such the insurance company is not liable to pay the compensation.
that the court below had rightly applied the ratio in Mukund
1 (2017) 14 SCC 663
Dewangan's case and held that the insurance company is liable to pay the compensation.
Dewangan's, the said issue is not more res-integra and still the insurance company is liable to pay the compensation. Accordingly, the appeals filed by the insurance company are Dismissed .
ii) The amount in deposit shall be transmitted to the Tribunal forthwith.
iii) No costs.
Pending miscellaneous petitions, if any, shall stand closed.
Sd/JUDGE
JJ
List No.: 1 Sl No.: 40
1 issue framed by the court
Whether the insurance company is liable to pay compensation when the driver held a Non-Transport license but drove a Transport vehicle.
Colour shows how this judgement treated each authority
Mukund Dewangan v. Oriental Insurance Co. LimitedApplied¶29
Mukund Dewangan v. Oriental Insurance Co. Limited (2017) 14 SCC 663 · Who else cites this
LEGAL MANAGER BHARATHI AXA GIC LTD.
SRI G CHOWDAPPA
VENKATESHAPPA
SMT.RATHNAMMA
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
