Insurance appeal against compensation award to a schoolboy injured by a rashly driven car. Following Mukund Dewangan, the court upheld insurer liability despite licence-endorsement objection, and reduced interest from 9% to 6% per annum, partly allowing the appeal.
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.
NC: 2024:KHC:9361 MFA No. 5447 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5447 OF 2017 (MV-I)
BETWEEN:
RELIANCE GENERAL INSURANCE COMPANY LIMITED, 1ST FLOOR, MYSURU TRADE CENTRE, OPPOSITE KSRTC BUS STAND, MYSURU. ALSO AT, RELIANCE GENERAL INSURANCE COMPANY LTD., EAST WING, 5TH FLOOR, NO.28, CENTENARY BUILDING, M.G. ROAD, BENGALURU - 560 001. NOW REPRESENTED BY MANAGER LEGAL.
…APPELLANT
(BY SRI. ASHOK N. PATIL, ADVOCATE)
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:9361 MFA No. 5447 of 2017
AGED ABOUT 32 YEARS R/O DANAYAKANAPURA VILLAGE, KASABA HOBLI, T. NARASIPURA TALUK, MYSURU DISTRICT - 571 110.
…RESPONDENTS
(BY SRI. M.N. MADHUSUDHAN, ADVOCATE FOR R1; R2 - SERVED AND UNREPRESENTED; VIDE ORDER DATED 21.11.2023 NOTICE TO R3 IS DEEMED TO BE SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 18.04.2017 PASSED IN MVC NO.10/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT TIRUMAKUDALU NARASIPURA, AWARDING COMPENSATION OF RS.1,97,349/-WITH INTEREST AT THE RATE OF 9% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the Award dated 18.04.2017 passed in M.V.C.No.10/015 by the Senior Civil Judge and the Addl. Motor Accidents Claims Tribunal, Tirumakudalu Narasipura, the Insurance Company is before this Court.
NC: 2024:KHC:9361 MFA No. 5447 of 2017
that the driver of the offending vehicle was holding a license to drive LMV vehicle non transport and was driving Tata Indica Car which is a transport vehicle. The Court below has held that the Insurance Company is liable to pay the compensation and granted an amount of Rs.1,97,349/- as compensation with 9% interest per annum.
NC: 2024:KHC:9361 MFA No. 5447 of 2017
NC: 2024:KHC:9361 MFA No. 5447 of 2017
regard to the driving license. There is dispute that the claimant is having a valid driving license to drive a LMV-
non transport and he is driving a transport vehicle .
Supreme Court in the case of Mukund Dewangan V/s Oriental Insurance company Ltd., (2017) 14 SCC 663 , this issue is no more resintigra . In view of the same,
this Court finds no reason to interfere with the order passed by the Court below and the Court below rightly fastened the liability on the Insurance Company. Then coming to the interest part, the learned counsel for the respondent submitted that the rate of interest is to be reduced from 9% per annum to 6% per annum. The Courts are consistently granting the interest at 6% per annum.
company is Partly Allowed and the rate of interest is reduced from 9% per annum to 6% per annum .
NC: 2024:KHC:9361 MFA No. 5447 of 2017
ORDER
Allowed by reducing the rate of interest from 9% per annum to 6% per annum, from the date of petition till the date of realization.
ii) The amount that is deposited by the Insurance Company shall be transferred to the Court below forthwith.
iii) Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.
SD/JUDGE
JS
List No.: 1 Sl No.: 36 CT: BHK
2 issues framed by the court
Whether the insurer is liable when the driver held a licence for LMV non-transport but drove a transport vehicle without endorsement?
Whether the rate of interest of 9% per annum awarded by the Tribunal should be reduced?
Colour shows how this judgement treated each authority
Mukund Dewangan V/s Oriental Insurance Company Ltd.Followed¶7
(2017) 14 SCC 663 · Who else cites this
1 provisions across 1 enactments
Reliance General Insurance Company Limited
Prajwal M
Suresh Babu C
M. Babu
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
