The Manager Divisional Manager vs Parasharamulu @ Ramappa S/O ...
2021 Latest Caselaw 3270 Kant

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         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

      DATED THIS THE 31ST DAY OF AUGUST, 2021

                      BEFORE

THE HON'BLE MR.JUSTICE NATARAJ RANGASWAMY

             M.F.A. No.31374/2012 (MV)

BETWEEN:

1 . THE MANAGER / DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.
D.O-V-NO.25, SHANKARNARYANA BUILDING,
M.G.ROAD, BANGALORE-1,
REPRESENTED HEREIN
BY THE DIVISIONAL MANAGER
DR.JAWALI COMPLEX,
1ST FLOOR, SUPER MARKET,
GULBARGA
                                         ...APPELLANT

(BY SRI SHIVANAND PATIL, ADVOCATE)

AND
1 . PARASHARAMULU @ RAMAPPA
S/O SANNATHIMANNA
AGE:30 YEARS,
OCC: DRIVER IN TATA MAGIC
VEHICLE NO.KA-35/A-3624,
R/O VENKATESHWARA CAMP,
TQ. SINDHANUR, DIST: RAICHUR

2 . CHANDRAPPA
S/O SANNASANGAPPA,
DRIVER OF LORRY NO.KA-36/8270,
R/O BASAPUR VILLAGE,
                             2




TQ. SINDHANUR,
DIST: RAICHUR

3 . CHAITHANNYA KUBUL
S/O R.KUBUL,
OWNER OF LORRY NO.KA-36/8270,
R/O ASHOK BHAVAN BUILDING,
CHANNAMMA CIRCLE, SINDHANUR,
DIST: RAICHUR.
                              RESPONDENTS

(NOTICE TO RESPONDENT NO.1 IS HELD SUFFICIENT
VIDE ORDER DATED 24.06.2021
NOTICE TO RESPONDENT NO.2 IS DISPENSED WITH VIDE
ORDER DATED 15.12.2020
NOTICE TO RESPONDENT NO.3 IS SERVED)

     THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT
AND AWARD DATED 13.04.2012 PASSED IN MVC NO.
06/2011 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS
TRIBUNAL, LINGASUGUR, PARTLY ALLOWING THE CLAIM
PETITION    AND    AWARDING     COMPENSATION    OF
RS.1,26,000/- WITH INTEREST AT 6% PER ANNUM.

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

                      JUDGMENT

This appeal is filed by the insurer challenging the

liability imposed upon it to pay the compensation awarded

by the Motor Accident Claims Tribunal, Lingasugur, in MVC

No.6/2011.

2. The Motor Accident Claims Tribunal (henceforth

referred to as 'the Tribunal') after considering the evidence

available on record, awarded compensation of a sum of

Rs.1,26,000/- along with interest at the rate of 6% per

annum from the date of the petition till the date of

realization towards the injuries sustained by the claimant

in the accident that occurred on 28.05.2010. It directed

the insurer to pay the compensation notwithstanding the

contention of the appellant herein that the driver of the

offending vehicle did not possess the licence to drive the

transport vehicle.

3. Being aggrieved by the impugned judgment

and award, the present appeal is filed.

4. The learned counsel for the appellant

contended that the driver of the offending vehicle had a

licence to drive a light motor vehicle, but was not

authorized to drive a transport vehicle and therefore, there

was a violation of the conditions of the policy as well as the

permit and hence, the insurer is to be exempted from

indemnifying the owner of the offending vehicle. Learned

counsel for the appellant did not dispute that the issue

raised by it is fully covered by the judgment of the Apex

Court in the case of Mukund Dewangan vs. Oriental

Insurance Co. Ltd. [AIR 2017 SC 3668] where it was

held that the insurer cannot escape the liability on the

ground that the driver did not possess endorsement in the

licence to drive a transport vehicle.

In that view of the matter, this Appeal lacks merit

and the same is dismissed.

The amount in deposit shall be transferred to the

Tribunal for necessary orders.

Sd/-

JUDGE

sma