Dismissed

The Divisional Manager v. Avinash Shetty

Karnataka HC29 Nov 2023MFA/620/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed three miscellaneous first appeals filed by an insurance company against awards of compensation granted to motor accident claimants. The Court held that the lack of a specific endorsement for driving a light motor vehicle transport vehicle does not exempt the insurance company from liability, relying on the precedent of Mukund Dewangan.

What did the court decide?

The appeals were dismissed. The amount in deposit was directed to be transferred to the Court below. Trial Court records were to be returned to the Tribunal.

The Divisional Manager Vs Avinash Shetty — Insurance | Karnataka HC (2023)

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1 - NC: 2023:KHC:43291 MFA No. 620 of 2017 C/W MFA No. 622 of 2017 MFA No. 623 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 620 OF 2017 (MV-I)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 622 OF 2017 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 623 OF 2017 (MV-I)

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IN MFA NO. 620/2017

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BETWEEN:

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THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, VISHNU PRAKASH BUILDING, II & III FLOOR, COURT ROAD, UDUPI - 576 101.

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…APPELLANT

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(BY SRI. GIRISHA KODGI, ADVOCATE)

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Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA

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AND:

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AVINASH SHETTY,

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AGED ABOUT 37 YEARS, S/O VAMANA SHETTY, R/AT RAMA NIVAS, NEAR POST OFFICE KARNDADY, MAJUR VILLAGE, UDUPI TQ & DISTRICT - 576 101.

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JAGANATH SHERVEGAR, AGED ABOUT 65 YEARS, S/O DEVAPPA SHERIGAR,

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NC: 2023:KHC:43291 MFA No. 620 of 2017 C/W MFA No. 622 of 2017 MFA No. 623 of 2017

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R/AT KOTEMANE, MALLARU VILLAGE & POST, UDUPI TALUK AND DISTRICT - 576 101.

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…RESPONDENTS

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(R1 - SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.08.2016 PASSED IN MVC NO.337/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, AWARDING COMPENSATION OF RS.20,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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IN MFA NO. 622/2017

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BETWEEN:

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THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, VISHNU PRAKASH BUILDING, II & III FLOOR, COURT ROAD, UDUPI - 576 101.

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…APPELLANT

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(BY SRI. GIRISHA KODGI, ADVOCATE)

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AND:

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AVINASH SHETTY, AGED ABOUT 37 YEARS, S/O VAMANA SHETTY, R/AT RAMA NIVAS,

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NEAR POST OFFICE KARNDADY,

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MAJUR VILLAGE, UDUPI TQ & DISTRICT - 576 101.

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HAIRSH, AGED ABOUT 45 YEARS,

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3 - NC: 2023:KHC:43291 MFA No. 620 of 2017 C/W MFA No. 622 of 2017 MFA No. 623 of 2017

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S/O LATE SHAMA SHERVEGAR, R/AT ACHALA HOUSE, MALLARU VILLAGE, UDUPI TALUK AND IDSTRICT - 576 101

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…RESPONDENTS

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( SRI. GANESHA R, ADVOCATE FOR R2; R1 - SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.08.2016 PASSED IN MVC NO.336/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, AWARDING COMPENSATION OF RS.50,000/- WITH INTEREST @ 6% FROM THE DATE OF PETITION TILL REALIZATION.

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IN MFA NO. 623/2017

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BETWEEN:

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THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, VISHNU PRAKASH BUILDING, II & III FLOOR, COURT ROAD, UDUPI - 576 101.

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…APPELLANT

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(BY SRI. GIRISHA KODGI, ADVOCATE)

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AND:

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AVINASH SHETTY,

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AGED ABOUT 37 YEARS, S/O VAMANA SHETTY, R/AT RAMA NIVAS,

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NEAR POST OFFICE KARNDADY,

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MAJUR VILLAGE, UDUPI TQ & DISTRICT - 576 101.

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4 - NC: 2023:KHC:43291 MFA No. 620 of 2017 C/W MFA No. 622 of 2017 MFA No. 623 of 2017

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SOMANATH,

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AGED ABOUT 34 YEARS, S/O SANJEEVA SHERVEGAR, R/AT KOTEMANE, MALLARU VILLAGE, UDUPI TALUK AND DISTRICT - 576 101.

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…RESPONDENTS

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( SRI. GANESHA R, ADVOCATE FOR R2; R1 - SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.08.2016 PASSED IN MVC NO.335/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, AWARDING COMPENSATION OF RS.15,000/- WITH INTEREST @ 6% SHALL BE PAYABLE FROM THE DATE OF PETITION TILL REALIZATION.

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

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JUDGMENT

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This is an appeal filed by the Insurance Company aggrieved by the award passed in M.V.C.No.335, 336, 337/2014 by the Addl. Senior Civil Judge, Udupi. Insurance Company has preferred MFA No.620/2017, 622/2017 and 623/2017.

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5 - NC: 2023:KHC:43291 MFA No. 620 of 2017 C/W MFA No. 622 of 2017 MFA No. 623 of 2017

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The claim petition was filed seeking compensation of an amount of Rs.4,60,000/- for the injuries sustained by the claimant in the accident.

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It is the case of the Insurance Company that the driver of the offending vehicle was not having a valid driving license. The Court below observed that the respondents have examined R.T.O as RW.1 and placed Ex.R.1 - History sheet of first respondent, which discloses that the driver had a valid driving license. Further, on going through the IMV Report and Ex.P.7 - chargesheet, Autorikshaw driver has been chargesheeted by the Police.

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The Court below had held that he is having a driving license to drive a light motor vehicle and held that the Insurance Company is liable to pay the compensation.

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Learned counsel appearing for the Insurance Company submits that though he was having a license to

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drive a non-transport vehicle, whereas he was driving a transport vehicle and there was no endorsement. In that

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6 - NC: 2023:KHC:43291 MFA No. 620 of 2017 C/W MFA No. 622 of 2017 MFA No. 623 of 2017

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case, the Court below ought not to have held that the Insurance Company is liable to pay the compensation.

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In the light of the law laid down in Mukund

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Dewangan V/s Oriental Insurance company Ltd.¹

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case, whether the transport endorsement is there or not, if the driver is having a license to drive the non-transport vehicle and driving an LMV transport vehicle, still the Insurance Company is liable to pay the compensation. In

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that view of the matter, this Court finds no reason to interfere with the award passed by the Court below.

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Accordingly, the appeals of the Insurance

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Company are dismissed.

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i. Amount in deposit shall be transferred to

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the Court below forthwith.

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ii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified

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1 (2017) 14 SCC 663

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7 - NC: 2023:KHC:43291 MFA No. 620 of 2017 C/W MFA No. 622 of 2017 MFA No. 623 of 2017

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copy of the order passed by this Court forthwith

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without any delay.

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iii. No costs.

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Pending miscellaneous petitions, if any, shall stand closed.

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SD/JUDGE

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MEG List No.: 1 Sl No.: 72

The Divisional Manager v. Avinash Shetty

Case brief

What is this about?

What did the court decide?

The Divisional Manager v. Avinash Shetty

Case brief

What is this about?

What did the court decide?

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