National Insurance Co., Ltd vs Shantavva W/O Shankarappa Betdur
2022 Latest Caselaw 5465 Kant

                                 IN THE HIGH COURT OF KARNATAKA
                                         DHARWAD BENCH

                              DATED THIS THE 25TH DAY OF MARCH, 2022
                                                  BEFORE
                             THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

                                   M.F.A. NO.21029 OF 2013 (MV-D)

                        BETWEEN:

                             NATIONAL INSURANCE CO. LTD.,
                             BRANCH HUBLI, BY ITS DIVISIONAL OFFICE,
                             SUJATHA COMPLEX, P.B. ROAD, HUBLI.
                             NOW REP. BY ITS DEPUTY MANAGER,
                             REGIONAL OFFICE, HUBLI.
                                                                       ... APPELLANT

                        (BY SRI. RAJASHEKHAR S.ARANI, ADVOCATE)

                        AND:

                        1.   SMT. SHANTAVVA W/O SHANKARAPPA BETDUR,
                             AGE: 59 YEARS, OCC: HOUSEHOLD,
                             R/O: TADAS, TQ: SHIGGAON, DIST: HAVERI.

                        2.   ABHINANDAN S/O SHANKARAPPA BETDUR,
                             AGE: 31 YEARS, OCC: NIL,
                             R/O: TADAS, TQ: SHIGGAON, DIST: HAVERI.
J
MAMATHA
                        3.   ANAND S/O SHANKARAPPA BETDUR,
Digitally signed by J
MAMATHA                      AGE: 24 YEARS, OCC: NIL,
Location: Dharwad
Date: 2022.03.30             R/O: TADAS, TQ: SHIGGAON, DIST: HAVERI.
11:46:00 +0530


                        4.   NINGAPPA S/O FAKKIRAPPA MARIYAPPANAVAR,
                             AGE: MAJOR, OCC: DRIVER,
                             R/O: TABAKAD HONNALLI, TQ: KALAGHATAGI,
                             DIST: DHARWAD.
                                    -2-




                                           MFA No. 21029 of 2013


5.   MALLAPPA IRAPPA KARATANAGI,
     AGE: MAJOR, OCC: DRIVER,
     R/O: BEERAVALLI, TQ: KALGHATAGI,
     DIST: DHARWAD.
                                                      ...RESPONDENTS

(BY SRI. MAHESH WODEYAR, ADVOCATE FOR R1-R3;
 SHRI G.S. MOT, ADVOCATE FOR R3)


     THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DATED 11/06/2012 PASSED IN
MVC.NO.134/2009 ON THE FILE OF THE II-ADDL. SENIOR CIVIL
JUDGE   &    MEMBER,   ADDL.    MACT,   HUBLI,   AWARDING
COMPENSATION OF RS.1,84,800/- ALONG WITH INTEREST AT THE
RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS
REALIZATION.


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

                             JUDGMENT

1. The liability of the Insurance Company to

satisfy the compensation is the subject matter of this

appeal.

2. It is the case of the Insurance Company that

the driver of the Tractor-Trailer did not possess a valid

endorsement to drive the tractor-Trailer and only

possessed licence to drive a Light Motor Vehicle.

MFA No. 21029 of 2013

3. In the light of the judgment rendered by the

Hon'ble Apex Court in the case of Mukund Dewangan Vs.

Oriental Insurance Co. Ltd., reported in 2017 ACJ 2011, this

argument of the Insurance Company cannot be

sustained.

4. Consequently, there being no merit in this

appeal, this appeal is dismissed.

Sd/-

JUDGE Vnp*