Karnataka High Court
The Iffco Tokio General Ins.Co.Ltd vs Naganna S/O. Basavanappa Chengu And Ors on 14 November, 2025
-1-
NC: 2025:KHC-K:6859
MFA No. 201012 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P. SREE SUDHA
MISCL. FIRST APPEAL NO. 201012 OF 2018 (MV-I)
BETWEEN:
THE IFFCO TOKIO GENERAL INS. CO. LTD.,
THROUGH ITS BRANCH OFFICER,
G1, G2, G12 AND G13,
ASIAN ARCADE, NEAR ANAND HOTEL,
S.B. TEMPLE ROAD,
KALABURAGI - 585 103.
(NOW REPRESENTED BY AUTHORIZED SIGNATORY,
BANGALORE)
...APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
Digitally signed AND:
by SUMITRA
SHERIGAR
Location: HIGH 1. NAGANNA
COURT OF S/O. BASAVANAPPA CHENTI
KARNATAKA AGE: 53 YEARS, OCC: AGRICULTURE,
AND KIRANA BUSINESS,
R/O VILLAGE MAHAGOAN,
TQ. & DIST. KALABURAGI - 585 101.
2. ANBARAYA S/O. SHARANAYYA,
AGE: 48 YEARS, OCC: AGRICULTURE
& OWNER OF MOTOR CYCLE BRNG.
NO.KA-32/EC-2168,
R/O VILLAGE, MADBOOL,
-2-
NC: 2025:KHC-K:6859
MFA No. 201012 of 2018
HC-KAR
TQ. CHITTAPUR,
DIST.KALABURAGI - 585 101.
...RESPONDENTS
(BY SRI SANTOSH BIRADAR, ADVOCATE, FOR R1;
R2 - SERVED)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL BY SETTING ASIDE THE IMPUGNED
JUDGMENT AND AWARD DATED 02.03.2018 IN MVC
NO.1198/2015 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND
MACT, KALABURAGI.
THIS APPEAL COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P. SREE SUDHA
ORAL JUDGMENT
1. This appeal is filed by the Insurance Company against the judgment and award dated 02.03.2018 passed by the Principal Senior Civil Judge and M.A.C.T. Kalaburagi [for short 'Tribunal'] in MVC No.1198/2015 questioning the quantum of compensation and the liability to indemnify the award amount.
2. The injured claimant aged 50 years, met with an accident on 10.08.2015 and sustained grievous -3- NC: 2025:KHC-K:6859 MFA No. 201012 of 2018 HC-KAR injuries. Hence, he filed a claim petition before the Tribunal seeking compensation of Rs.16,50,000/-. The Tribunal after considering the entire evidence on record, awarded the compensation of Rs.5,29,338/- with interest at 6% per annum from the date of petition till realization and directed respondent No.2 - Insurance Company to pay the compensation. Aggrieved by the said award, the Insurance Company has preferred this appeal.
3. Heard the arguments of both sides and perused the materials available on record.
4. It is contended by learned counsel for the appellant-Insurance Company that the rider of the insured motorcycle bearing No.KA-32/EC-2168 was not holding valid and effective driving license, which amounts to violation of the terms and conditions of the policy and as such, the Insurance Company is not liable to pay the compensation. Further, it is contended that, as per Ex.P6, claimant was fully drunken and negligent in riding the vehicle. He relied on the judgment of Apex Court in the -4- NC: 2025:KHC-K:6859 MFA No. 201012 of 2018 HC-KAR case of Oriental Insurance Co. Ltd. vs. Zaharunnisa wherein, it has held that when the person had no valid and effective license to drive the vehicle on day of accident and was holding driving license to drive totally different class of vehicle, then Insurance Company is not liable to pay the compensation. Accordingly, he prays for allowing the appeal
5. Per contra, learned counsel for respondent No.1
- claimant supports the impugned judgment and award and prays for dismissal of the appeal.
6. In Para No.14 of the impugned judgment it is observed by the Tribunal that respondent No.2 has produced the D.L. extract of the rider of the motorcycle as per Ex.D3, and it was stated he has been authorized to drive the non-transport and transport vehicles and also the LMV and PSV Bus. RW1/witness of the Insurance Company admitted that, holder of the said driving license can ride the motorcycle also.
-5-
NC: 2025:KHC-K:6859 MFA No. 201012 of 2018 HC-KAR
7. The Tribunal relied upon the Judgment of Co- Ordinate Bench of this Court in the case of Srinivasagowda Anr. - Vs. - Sannamma & Ors., reported in (2011) ACC 416 (DB), wherein, it was held that, it cannot be said that the driver having HMV licence but driving two wheeler scooter at the time of accident cannot be said that he was not having a valid and effective DL. So, it is held that, respondent No.2 failed to prove that the driver of the offending vehicle has no driving licence. Learned counsel for the respondent relied upon the said admission of the respondent No.1 and thus, submits that the Insurance Company is liable to pay compensation.
8. Admittedly, the driver of the offending vehicle is having HMV licence and thus, he cannot ride the motorcycle with the said licence. Therefore, the Insurance Company is entitled to pay and recover. In Ex.P.6, it was stated that, the claimant was in a drunken condition. But as per the facts of the case, he met with accident due to -6- NC: 2025:KHC-K:6859 MFA No. 201012 of 2018 HC-KAR the rash and negligent manner of the motorcycle bearing registration No.KA-32/EC-2168 and it not the case of the Insurance Company that there is contributory negligence by the claimant. Therefore, the said argument cannot be accepted.
9. In the result, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The Insurance company is directed to deposit Rs.5,29,338/- along with interest at the rate of 6% per annum from the date of the petition till the realization;
(iii) On such deposit, the respondent No.1/claimant is permitted to withdraw the amount along with interest accrued on it;-7-
NC: 2025:KHC-K:6859 MFA No. 201012 of 2018 HC-KAR
(iv) The Insurance company is at liberty to recover the same from the owner of the vehicle;
(v) The amount deposited by the Insurance Company before this Court is directed to be transmitted to the Tribunal forthwith.
Sd/-
(P. SREE SUDHA) JUDGE SBS,SVH List No.: 1 Sl No.: 84.1 CT:RJ