The Manager, Iffco Tokio General ... vs Ramjansab Imamsab Kadakol
2022 Latest Caselaw 8436 Kant

                                                     -1-




                                                              MFA No. 24259 of 2010


                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                  DATED THIS THE 09TH DAY OF JUNE, 2022

                                                   BEFORE
                                 THE HON'BLE MR JUSTICE P.KRISHNA BHAT
                        MISCELLANEOUS FIRST APPEAL NO. 24259 OF 2010 (WC-)
                        BETWEEN:
                        THE MANAGER,
                        IFFCO TOKIO GENERAL INSURANCE CO. LTD.,
                        BHAVANI ARCADE, BASAV VAN, HUBLI
                        HEREIN REPRESENTED BY
                        IFFCO TOKIO GENERAL INSURANCE CO.LTD,
                        CUSTOMER SERVICE CENTRE
                        KSCMF BUILDING, III FLOOR, III BLOCK,
                        #8CUNNINGHAM ROAD, BANGALORE
                        REP.BY ITS AUTHORIZED SIGNATORY
                                                                        ...APPELLANT
                        (BY SRI. RAVINDRA R MANE, ADVOCATE)
                        AND:
                        1.    RAMJANSAB IMAMSAB KADAKOL
                              R/O KERUR, TQ: BADAMI,
                              DIST: BAGALKOT


           Digitally
                        2.    MAHANTESH MAHAGUNDAPPA YANDIGERI
           signed by
           JAGADISH T
JAGADISH
TR
           R
           Location:
           HIGH
                              R/O KERUR, TQ: BADAMI,
           COURT OF

                              DIST: BAGALKOT
           KARNATAKA,
           DHARWAD




                                                                     ...RESPONDENTS
                        (BY SRI. PRASHANT V MOGALI, ADV., FOR R1,
                        R2- NOTICE SERVED)

                               THIS MFA IS FILED U/SEC.30(1)(a)(aa) OF WC ACT, 1923,
                        PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DTD:30-06-
                        2010 PASSED IN WCA No. 136/2008 BY THE FILE OF THE LABOUR
                                     -2-




                                                MFA No. 24259 of 2010


OFFICER AND COMMISSIONER FOR WORKMEN'S COMPENSATION,
BAGALKOT DISTRICT, BAGALKOT BY ALLOWING THIS APPEAL.

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


                          JUDGMENT

The Insurance Company of the offending vehicle is in

appeal before this Court calling in question the legality and

validity of the award dated 30.06.2010 in WCA/NF

No.136/2008 passed by the Labour Officer and

Commissioner for Workmen's Compensation, Bagalkot

District, Bagalkot, (for short "the Commissioner")

2. The brief facts are that the claimant

Ramajansab Imamsab Kadakol was working as driver in

auto-rickshaw bearing registration No.KA-29/7884 owned

by respondent No.1 before the Commissioner and insured

with the present appellant. On 06.02.2008, while he was

driving the said auto-rickshaw as an employee of the

owner, it met with an accident and he suffered serious

injuries resulting in physical disability having

MFA No. 24259 of 2010

consequences on his earning capacity. He filed a claim

petition before the learned Commissioner. It was resisted

by the appellant-Insurance Company by filing its detailed

statement of objections, while the owner-employer

remained ex-parte.

3. Claimant examined himself as PW1 and

examined a qualified medical practitioner as PW2. Ex.P1 to

Ex.P10 were marked. Respondents did not examine any

witnesses and they also did not produce any document.

4. After hearing the learned counsel on both sides

and perusing the records, the claim petition came to be

allowed in part awarding a compensation of Rs.1,68,168/-

with interest thereon.

5. The only contention raised by the learned

counsel for the appellant-insurance company is that even

though the alleged accident took place on 06.02.2008 and

at that time, claimant was having valid and effective

driving licence to drive a Light Motor Vehicle (NT)

subsequently on 16.12.2008, he obtained valid and

MFA No. 24259 of 2010

effective driving licence to drive a heavy transport vehicle,

which is reflected from Ex.P8. He therefore, submits that

Ex.P8 clearly shows that he had not suffered any physical

disability resulting in any loss in his earning capacity and

therefore, he is not entitled to award of any compensation

and therefore, this appeal is entitled to be allowed and the

claim petition is liable to be rejected.

6. I have given my anxious consideration to the

submissions made by the learned counsel for the

appellant-Insurance Company and I have carefully

perused the records.

7. The claim petition has been filed on the footing

that on 06.02.2008, while the claimant was driving auto-

rickshaw, the accident occurred resulting in fracture

injuries and after treatment he still had physical disability

with consequences on his earning capacity.

8. The claimant has produced Ex.P8 which is the

driving licence issued by the competent authority in his

favour.

MFA No. 24259 of 2010

9. Perusal of Ex.P8 shows that at the time of the

accident he was having driving licence to drive only Light

Motor Vehicle (NT), which further shows that on

16.12.2008 i.e., about 10 months after the occurrence of

the accident, he obtained driving licence for driving heavy

transport vehicle. The learned counsel for the appellant-

Insurance Company draws my attention to Rule 14 and 18

of the Central Motor Vehicle Rules, 1989 which read as

follows:

14. Application for a driving licence

(1) An application for a driving licence shall be made in Form 4 and shall be accompanied by,--

(a) an effective learner's licence to drive the vehicle of the type to which the application relates;

(b) appropriate fee as specified in rule 32, for the test of competence to drive and issue of licence;

(c) three copies of the applicant's recent passport size photograph;

(d) save as otherwise provided in rule6,a medical certificate in Form 1-A;

MFA No. 24259 of 2010

(e) a driving certificate in Form 5 issued by the school or establishment from where the applicant received instruction, if any;

      [(f)      proof of residence;

      (g) proof of age;

      (h) proof of citizenship

(2)   An     application   for   an    International       Driving

Permit shall be made in Form 4-A and shall be accompanied by--

(a) valid driving licence issued by the licensing authority under these rules;

(b) appropriate fee as specified in rule 32;

(c) three copies of the applicant's recent passport photograph;

(d) a medical certificate in Form 1-A;

(e) valid proof of Indian Nationals;

(f) valid proof of passport; and

(g) valid proof of visa, wherever applicable.]

18. Renewal of driving licence

(1) An application for the renewal of a driving licence shall be made in Form 9 to the licensing authority having jurisdiction over the area in which the applicant ordinarily resides or carries on business and shall be accompanied by--

MFA No. 24259 of 2010

(a) appropriate fee as specified in rule 32;

(b) three copies of the applicant's recent passport size photograph, if renewal is to be made in Form 6;

       (c)    the driving licence;

       (d)    the medical certificate in Form 1-A.

(2) Where the driving licence authorises the holder of such licence to drive a transport vehicle as well as any other vehicle, then the licensing authority shall, subject to the production of medical certificate, renew such licence for the appropriate period as specified in sub-section (2) of section 14.

(3) Where the licensing authority renewing the driving licence is not the licensing authority who issued the driving licence the fact of the renewal shall be intimated to the licensing authority who issued the driving licence:

PROVIDED that in case the application is for issuance of a duplicate driving licence which has been lost, torn or mutilated such that the identification or authenticity of the document cannot be reasonably established, the licensing authority receiving such application shall on confirmation from the original issuing authority, issue the duplicate driving licence:

PROVIDED also that if such confirmation is not received within 60 days, duplicate licence shall be issued, without waiting for the confirmation.]

MFA No. 24259 of 2010

10. While filing the application for grant of driving

licence and also for renewal of driving licence, medical

certificate is required to be enclosed. If the claimant had

suffered any physical disability having impact on his ability

to drive a motor vehicle, more particularly, a heavy

transport vehicle, medical certificate would have surely

reflected the same in which event the competent authority

would not have issued a driving licence to drive a higher

category of vehicle namely a heavy transport vehicle. The

very fact that after the accident claimant was issued a

driving licence to drive heavy transport vehicle shows that

claimant had not suffered any physical disability having

adverse consequences on his earning capacity. Therefore,

the claim of the claimant that he had suffered disability

with loss in the earning capacity is falsified and

accordingly, he is not entitled to any compensation. In

that view of the matter, the appeal is required to be

allowed and claim petition is required to be dismissed.

Hence, the following:

MFA No. 24259 of 2010

ORDER

The above appeal is allowed.

The award dated 30.06.2010 in WCA No.136/2008 passed by the learned Labour Officer and Commissioner for Workmen's Compensation, Bagalkot is set aside and claim petition is dismissed.

The amount in deposit, if any, shall be refunded to the appellant-Insurance Company forthwith.

Registry to transmit the records of the court below to the court of jurisdictional Senior Civil Judge, forthwith.

In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are dismissed accordingly.

Sd/-

JUDGE

YAN