National Insurance Co Ltd vs Siddamma
2023 Latest Caselaw 8361 Kant

Citation : 2023 Latest Caselaw 8361 Kant
Judgement Date : 24 November, 2023

Karnataka High Court

National Insurance Co Ltd vs Siddamma on 24 November, 2023

                                           -1-
                                                   NC: 2023:KHC:42827
                                                  MFA No. 422 of 2018




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 24TH DAY OF NOVEMBER, 2023

                                         BEFORE
                 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                     MISCELLANEOUS FIRST APPEAL NO. 422 OF 2018
                                         (MV-I)
                BETWEEN:

                      NATIONAL INSURANCE CO. LTD.,
                      1ST FLOOR, SHRI KSHETHRA DHARMASTHALA
                      BUILDING, PUTTUR TALUK, D.K.
                      DISTRICT
                      NOW REPRESENTED BY ITS
                      REGIONAL MANAGER , REGIONAL OFFICE
                      NO.144, SUBRAM COMPLEX
                      M G ROAD, BANGALORE

Digitally
signed by JAI
JYOTHI J                                                ...APPELLANT
Location:
HIGH COURT
OF
                (BY SMT. NIRMALA.,ADVOCATE)
KARNATAKA
                AND:

                1.    SIDDAMMA
                      W/O LATE KOLLARAPURA,
                      R/O KALKERE I, HATTI
                      HOLALKERE
                      CHITRADURGA DISTRICT

                2.    K PRABHKARA
                      S/O K KRISHNAPPA
                            -2-
                                       NC: 2023:KHC:42827
                                      MFA No. 422 of 2018




     MAJOR
     R/O H.NO.7-2-1,
     KALKERE , BASRURU VILLAGE
     KUNDAPURA TALUK,
     UDUPI DISTRICT
     W
3.   NAGARAJA K
     S/O PARAMESHWARA RAO
     R/O, L L ROAD
     PUDUKERI
     KKUNDAPURA TALUK,
     UDAPI DISTRICT


                                         ...RESPONDENTS
(BY R1 TO R3 SERVED AND UNREPRESENTED)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED15.07.2017 PASSED
IN MVC NO.192/2014 ON THE FILE OF THE ADDITIONAL
DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI
(SITTING AT KUNDAPURA), KUNDAPURA, AWARDING
COMPENSATION OF RS.2,54,750/- WITH INTEREST AT 6%
P.A. FROM THE DATE OF PETITION TILL THE DATE OF
PAYMENT.

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

                       JUDGMENT

This is an appeal filed by the Insurance Company

aggrieved by the award passed in MVC.No.192/2014

dated 15.07.2017 on the file of the Addl. District Judge &

Addl. MACT, Udupi.

NC: 2023:KHC:42827

2. The claim petition is filed by the claimant

seeking compensation of an amount of Rs.15,00,000/- for

the injuries sustained by the claimant in the accident. The

case of the claimant is that on 12.11.2012 at about 11.15

a.m. when the claimant was on the side of the road, at

that time the motor cycle belonging to the Respondent

No.1 came in a rash and negligent manner and dashed to

the claimant. Due to the said impact, he had sustained

grievous injuries. When it comes to the liability, it is the

case of the insurance company that rider of the offending

vehicle was not having valid driving license at the time of

the accident. As such it is submitted that insured vehicle

is a motor cycle with gear and on the other hand, at the

time of the accident the rider of the insured vehicle

possessed only LMV, HPV and HTV driving license from

01.01.1991 to 21.12.2015, as such the insurance

company is not liable to pay the compensation. It is

further submitted that the charge sheet is filed on the

Respondent No.1-rider of the offending vehicle stating that

NC: 2023:KHC:42827

he is not having a valid driving license and the charge

sheet is not questioned by the claimants or the rider of the

vehicle. The court below has held that at the time of

accident, the rider of the vehicle already possessed LMV,

HPV and HTV driving license and he can also drive the

motor cycle with gear. Thus the contentions raised by the

Respondent-Insurance Company that rider of the offending

vehicle cannot ride the motor cycle with gear is not correct

and the court below observed that as on the date of

accident, the rider of the vehicle was having a valid driving

license and accordingly held that Insurance Company is

liable to pay the compensation.

3. Learned counsel for the Insurance Company

submits that the rider of the motor cycle was not having

valid driving license and to drive a vehicle with gear and

further even the charge sheet is filed against the rider of

the offending vehicle which was not questioned by anyone.

NC: 2023:KHC:42827

4. There is no representation on behalf of the

respondents. Having heard learned counsel for the

Appellant-Insurance Company, perused the entire material

on record. There is no dispute about the fact that the

rider of the insured vehicle possessed LMV, HPV and HTV

driving license from 01.01.1991 to 21.12.2015.

Considering the contention of the insurance company that

the rider of the offending vehicle cannot drive the motor

cycle with gear, the court below held that there is valid

driving license at the time of the accident which is a

correct finding and this court finds no reasons to interfere

with the said finding of the Tribunal.

5. Accordingly appeal of the insurance company is Dismissed.

(a) The amount in deposit by the Insurance Company shall be forthwith transferred to the Tribunal.

(b) The Registry is directed to return the Trial Court Record to the Tribunal along with

NC: 2023:KHC:42827

the certified copy of the order passed by this court forthwith without any delay.