Dismissed

The National Insurance Co. Ltd. v. Damu Gowda

Karnataka HC5 Jul 2024MFA/6219/2018

Case brief

AI extract

What is this about?

The National Insurance Co. Ltd. appealed against a tribunal award of Rs. 2,66,000 for a death caused in a motor accident. The contention was that the driver lacked a goods vehicle license. Relying on the Apex Court in Mukund Dewangan, the court held the driver could legally operate the vehicle.

What did the court decide?

Appeal dismissed; statutory amount and deposited interim amount to be transmitted to the trial court.

The National Insurance Co. Ltd. Vs Damu Gowda — Motor Accident Claims | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:25697 MFA No. 6219 of 2018

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JULY, 2024

¶3

BEFORE

¶4

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 6219 OF 2018 (MV)

¶5

BETWEEN:

¶6

THE NATIONAL INSURANCE CO.LTD., 1^ST FLOOR, NITHYANANDA COMPLEX NEAR BUS STAND, MOODABIDRI BY ITS REGIONAL MANAGER THE NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, SUBHARAM COMPLEX 2^ND FLOOR, NO.144, M G ROAD BANGALORE-560 001.

¶7

…APPELLANT

¶8

(BY SRI. P B RAJU.,ADVOCATE)

¶9

AND:

¶10

Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

¶11

DAMU GOWDA AGED ABOUT 61 YEARS S/O LINGU GOWDA

¶12

PURANDARA GOWDA AGED ABOUT 38 YEARS S/O DAMU GOWDA

¶13

PADMANABHA AGED ABOUT 35 YEARS S/O DAMU GOWDA

¶14

2 - NC: 2024:KHC:25697 MFA No. 6219 of 2018

¶15

4. HEMAVATHI

¶16

AGED ABOUT 31 YEARS D/O DAMU GOWDA

¶17

5. JANARDHANA

¶18

AGED ABOUT 27 YEARS S/O DAMU GOWDA

¶19

MOHANA

¶20

AGED ABOUT 23 YEARS S/O DAMU GOWDA

¶21

CLAIMANT NO.1 TO 6 ARE RESIDING AT ONTERMAR GADIYA MANE, TENKAMIJAR VILLAGE ASHWATHPURA POST, MANGALURU TALUK.

¶22

DEVAKI

¶23

AGED ABOUT 36 YEARS W/O KRISHNA R/AT KEVASA HOUSE KUKKIPADI VILLAGE MANGALURU TALUK.

¶24

VIJAY

¶25

AGED ABOUT 30 YEARS S/O SHIVA, R/AT DARKASTH HOUSE THODAR VILLAGE MIJAR POST MANGALURU TALUK.

¶26

SRI BALACHANDRA A SHETTY AGED ABOUT 36 YEARS S/O ANANDA P. SHETTY R/AT SRIRAM BATLING COMPANY SAMPIGE,

¶27

3 - NC: 2024:KHC:25697 MFA No. 6219 of 2018

¶28

PUTHIGER VILLAGE MANGALURU TALUK

¶29

…RESPONDENTS

¶30

(BY SRI. OM PRASHANTHA.,ADVOCATE FOR R1, 3-7; SRI. PURANDARA GOWDA., ADVOCATE FOR R2; R8, R9 ALL SERVED & UNREPRESENTED)

¶31

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.03.2018 PASSED IN MVC NO.1484/2015 ON THE FILE OF THE MACT & 3^RD ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU D.K., (ITINERARY AT MOODABIDRI), AWARDING COMPENSATION OF RS.2,66,000/WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF ITS REALIZATION.

¶32

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶33

JUDGMENT

¶34

This appeal arises from the judgment and award dated 24.03.2018, passed by the Motor Accidents Claims Tribunal and III Additional Senior Civil Judge, Mangaluru, D.K. MVC No. 1484/2015.

¶35

The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, seeking just and proper compensation for the death of Smt. Janaki @ Janamma, who succumbed to injuries from an accident on 18.03.2015. The Tribunal awarded total compensation of Rs.2,66,000/- with interest at the rate of 6% per annum from the date of the petition until the date of realization.

¶36

The appellant, the Insurance Company, is before this Court challenging the liability.

¶37

4 - NC: 2024:KHC:25697 MFA No. 6219 of 2018

¶38

The primary contention of the Insurance Company is that, as of the date of the accident, the driver of the offending vehicle possessed a license to drive a light motor vehicle and not a light motor goods vehicle. Therefore, the Insurance Company argues it is not liable to pay the compensation.

¶39

The issue involved in this appeal was examined by the Hon'ble Apex Court in the case of Mukund Dewangan vs. Oriental Insurance Co. Ltd., reported in (2017) 14 SCC 663, which ruled as follows:

¶40

"A person having a license to drive a light motor vehicle would be entitled to drive any motor vehicle of gross vehicle weight less than 7500 kg."

¶41

Therefore, in view of the above judgment, I do not find any illegality in the judgment and award passed by the Tribunal. Accordingly, the appeal stands dismissed. The statutory amount, as well as the amount deposited in light of the interim order before this Court, shall be transmitted to the jurisdictional Trial Court.

¶42

Sd/JUDGE

¶43

The National Insurance Co. Ltd. v. Damu Gowda

Case brief

What is this about?

What did the court decide?

The National Insurance Co. Ltd. v. Damu Gowda

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Srinivasa Gowda Vs the Principal Secretary to the

S P Chandrashekargowda Vs Sri Shashikanth Pande

Smt Mayavvagouli Vs Reliance General Insurance Company Ltd.

Jayappa Vs G T Halesha

The Divisional Controller Vs Harisha

Lokesh Vs Nayan Chimanlal Khonda