The Branch Manager Vs Vikasgowda

S/O LATE BASAVAIAH R/O JAYAPURA VILLAGE DUDDA HOBLI MANDYA TALUK MANDYA DISTRICT-571 401 (OWNER OF TRACTOR & TRAILER BEARING REG NO.KA-11/T-5211-5212)

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…RESPONDENTS

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(BY SRI.H.SUBHASH CHANDRA, ADVOCATE FOR R1 SRI.M.Y.SREENIVASAN, ADVOCATE FOR R2)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26/08/2016 PASSED IN MVC NO.272/2010 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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3 - NC: 2026:KHC:17659 MFA No. 8058 of 2016

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HC-KAR

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ORAL JUDGMENT

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Aggrieved by the award passed in MVC.No.272/2010

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dated 26.08.2016 by the I Addl. Senior Civil Judge & CJM, Mandya, whereby the tribunal has fixed the liability on the Insurance Company and Insurance company is before this court questioning the liability fixed on them.

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The tribunal has granted the compensation as per the

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table given below:

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SL. No.	Heads		Co	mpensation Awarded
1.	Pain and Suffering	:	Rs.	1,00,000/-
2.	Medical Expenses	:	Rs.	50,000/-
3.	Future medical Expenses	:	Rs.	50,000/-
4.	Loss of future amenities	:	Rs.	25,000/-
5.	Medical Attendant	:	Rs.	2,000/-
6.	Conveyance	:	Rs.	5,000/-
	TOTAL	:	Rs.	2,32,000/-

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Learned counsel for the insurance company submits that the driver of the tractor and trailer is having the driving license to drive only LMV tractor and there is no endorsement to drive the non-transportable vehicle. At the time of the accident, the driver was driving the tractor and trailer and he

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4 - NC: 2026:KHC:17659 MFA No. 8058 of 2016

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HC-KAR

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was not having valid and effective driving license. The appellant

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does not dispute the fact that the weight of the vehicle is less than 7,500 kgs as per Exhibit R.1 and R.2.

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In the light of the above facts, this case is clearly covered by the judgment of the Hon'ble Apex Court in the case of Mukund Devgan Vs. Oriental Insurance Company

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Ltd.,¹ . In that view of the matter, the insurance company's appeal has to be dismissed.

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i. Accordingly, the appeal filed by the Insurance Company is dismisse d .

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ii. The amount in deposit shall be forthwith transferred to the tribunal.

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iii. The remaining amount, if any, shall be deposited within 8 weeks.

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iv. 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.

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1 AIR 2017 SC 3668

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