Karnataka High Court
United India Insurance Co. Ltd vs Mohammad Sharif on 28 November, 2023
-1-
NC: 2023:KHC:43265
MFA No. 980 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 980 OF 2017 (MV-I)
BETWEEN:
UNITED INDIA INSURANCE CO. LTD.,
PUTTUR BRANCH
THROUGH ITS REGIONAL OFFICE,
5TH & 6TH FLOORS,
KRUSHI BHAVAN
HUDSON CIRCLE,
BENGALURU - 560001
REP BY ITS DEPUTY MANAGER
...APPELLANT
(BY SRI. JANARDHAN REDDY.,ADVOCATE)
AND:
1. MOHAMMAD SHARIF
S/O MOIDEN KUNAHI K
AGED ABOUT 24 YEARS
R/AT DHARMATHMA COMPOUND
Digitally
signed by MARLI, KEMMAINJE VILLAGE,
JAI JYOTHI J DARBE POST,
Location:
HIGH PUTTUR TALUK
COURT OF D K DISTRICT - 514 201
KARNATAKA
2. MOHAMMAD KUNHI
S/O ABDULLA HAJI
AGED ABOUT 64 YEARS
R/AT SINGARI HOUSE,
VIDYAPURA,
KABAKA VILLAGE PUTTUR TALUK
D K DISTRICT - 574 301
...RESPONDENTS
-2-
NC: 2023:KHC:43265
MFA No. 980 of 2017
(BY SRI VISHWANATHA POOJARY K .,ADVOCATE FOR R-2;
NOTICE SERVED TO R-1 V.O.D 28.01.2023)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.05.2016 PASSED IN MVC
NO.1011/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, ACJM, MEMBER, MACT, PUTTUR, AWARDING
COMPENSATION OF Rs.2,00,000/- WITH INTEREST @ 6% P.A.
FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL, COMING ON FOR ORDERS, 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.1011/2014
dated 31.05.2016 on the file of the Prl. Senior Civil Judge
and ACMM and MACT, Puttur.
2. The claim petition is filed by the claimant
seeking compensation of an amount of Rs.9,00,000/- for
the injuries sustained by the claimant in the accident. The
Tribunal on the issue of liability has observed that the
accident had occurred due to the rash and negligent
driving on the part of the driver of the three wheeler
goods tempo belonging to the Respondent No.2 which is
NC: 2023:KHC:43265
insured by the insurance company and though ground is
taken, the violation of the terms and conditions of the
policy, as no evidence was adduced before the court
below, the Tribunal has held that the insurance company
and owner of the vehicle are jointly and severally liable to
pay the compensation and awarded compensation of an
amount of Rs.2,00,000/- at 6% interest.
3. Learned counsel for the insurance company
submits that though the driver of the offending vehicle
was having a license to drive the light motor vehicle but
the offending vehicle is goods vehicle which is a transport
vehicle and on the license, there was no endorsement of
transport. It is submitted that in-spite of raising this
ground by the insurance company, the court below had
not considered the same.
4. Learned counsel for the claimant submits that even if
such an endorsement is not there, still the insurance
company is liable to pay the compensation. He submits
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that same is covered by Judgment of Hon'ble Apex Court in
the Case of Mukund Dewangan -Vs- Oriental Insurance
Co. Limited 1. In this case the only ground raised by the
Insurance Company is not having endorsement on the
license to drive the Transport vehicle, as rightly pointed out
by the learned counsel for the claimant, this issue is no
more res-integra and applying the ratio in Mukund
Dewangan's case, this court is of view that the Insurance
Company is liable to pay the compensation.
5. Accordingly, the appeal of 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
(2017) 14 SCC 663
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the certified copy of the order passed by
this court forthwith without any delay.
(c) No Costs.
Pending miscellaneous petitions, if any, shall
stand closed.
SD/-
JUDGE
TS
