Karnataka High Court
The Divisional Manager vs Avinash Shetty on 29 November, 2023
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NC: 2023:KHC:43291
MFA No. 620 of 2017
C/W MFA No. 622 of 2017
MFA No. 623 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 620 OF 2017 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 622 OF 2017 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 623 OF 2017 (MV-I)
IN MFA NO. 620/2017
BETWEEN:
THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
VISHNU PRAKASH BUILDING,
II & III FLOOR, COURT ROAD,
UDUPI - 576 101.
...APPELLANT
(BY SRI. GIRISHA KODGI, ADVOCATE)
Digitally
signed by JAI
JYOTHI J AND:
Location:
HIGH
COURT OF
KARNATAKA 1. AVINASH SHETTY,
AGED ABOUT 37 YEARS,
S/O VAMANA SHETTY,
R/AT RAMA NIVAS,
NEAR POST OFFICE KARNDADY,
MAJUR VILLAGE, UDUPI TQ & DISTRICT - 576 101.
2. JAGANATH SHERVEGAR,
AGED ABOUT 65 YEARS,
S/O DEVAPPA SHERIGAR,
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NC: 2023:KHC:43291
MFA No. 620 of 2017
C/W MFA No. 622 of 2017
MFA No. 623 of 2017
R/AT KOTEMANE, MALLARU VILLAGE & POST,
UDUPI TALUK AND DISTRICT - 576 101.
...RESPONDENTS
(R1 - SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 18.08.2016 PASSED IN MVC
NO.337/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND ADDITIONAL MACT, UDUPI, AWARDING
COMPENSATION OF RS.20,000/- WITH INTEREST @ 6% P.A.
FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 622/2017
BETWEEN:
THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
VISHNU PRAKASH BUILDING,
II & III FLOOR, COURT ROAD,
UDUPI - 576 101.
...APPELLANT
(BY SRI. GIRISHA KODGI, ADVOCATE)
AND:
1. AVINASH SHETTY,
AGED ABOUT 37 YEARS,
S/O VAMANA SHETTY,
R/AT RAMA NIVAS,
NEAR POST OFFICE KARNDADY,
MAJUR VILLAGE, UDUPI TQ & DISTRICT - 576 101.
2. HAIRSH,
AGED ABOUT 45 YEARS,
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NC: 2023:KHC:43291
MFA No. 620 of 2017
C/W MFA No. 622 of 2017
MFA No. 623 of 2017
S/O LATE SHAMA SHERVEGAR,
R/AT ACHALA HOUSE, MALLARU VILLAGE,
UDUPI TALUK AND IDSTRICT - 576 101
...RESPONDENTS
( SRI. GANESHA R, ADVOCATE FOR R2;
R1 - SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 18.08.2016 PASSED IN MVC
NO.336/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND ADDITIONAL MACT, UDUPI, AWARDING
COMPENSATION OF RS.50,000/- WITH INTEREST @ 6% FROM
THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 623/2017
BETWEEN:
THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
VISHNU PRAKASH BUILDING,
II & III FLOOR, COURT ROAD,
UDUPI - 576 101.
...APPELLANT
(BY SRI. GIRISHA KODGI, ADVOCATE)
AND:
1. AVINASH SHETTY,
AGED ABOUT 37 YEARS,
S/O VAMANA SHETTY,
R/AT RAMA NIVAS,
NEAR POST OFFICE KARNDADY,
MAJUR VILLAGE, UDUPI TQ & DISTRICT - 576 101.
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NC: 2023:KHC:43291
MFA No. 620 of 2017
C/W MFA No. 622 of 2017
MFA No. 623 of 2017
2. SOMANATH,
AGED ABOUT 34 YEARS,
S/O SANJEEVA SHERVEGAR,
R/AT KOTEMANE, MALLARU VILLAGE,
UDUPI TALUK AND DISTRICT - 576 101.
...RESPONDENTS
( SRI. GANESHA R, ADVOCATE FOR R2;
R1 - SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 18.08.2016 PASSED IN MVC
NO.335/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND ADDITIONAL MACT, UDUPI, AWARDING
COMPENSATION OF RS.15,000/- WITH INTEREST @ 6% SHALL
BE PAYABLE FROM THE DATE OF PETITION TILL REALIZATION.
THESE APPEALS, COMING ON FOR DISMISSAL, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the Insurance Company
aggrieved by the award passed in M.V.C.No.335, 336,
337/2014 by the Addl. Senior Civil Judge, Udupi.
Insurance Company has preferred MFA No.620/2017,
622/2017 and 623/2017.
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2. The claim petition was filed seeking compensation
of an amount of Rs.4,60,000/- for the injuries sustained
by the claimant in the accident.
3. It is the case of the Insurance Company that the
driver of the offending vehicle was not having a valid
driving license. The Court below observed that the
respondents have examined R.T.O as RW.1 and placed
Ex.R.1 - History sheet of first respondent, which discloses
that the driver had a valid driving license. Further, on
going through the IMV Report and Ex.P.7 - chargesheet,
Autorikshaw driver has been chargesheeted by the Police.
The Court below had held that he is having a driving
license to drive a light motor vehicle and held that the
Insurance Company is liable to pay the compensation.
4. Learned counsel appearing for the Insurance
Company submits that though he was having a license to
drive a non-transport vehicle, whereas he was driving a
transport vehicle and there was no endorsement. In that
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case, the Court below ought not to have held that the
Insurance Company is liable to pay the compensation.
5. In the light of the law laid down in Mukund
Dewangan V/s Oriental Insurance company Ltd.1
case, whether the transport endorsement is there or not, if
the driver is having a license to drive the non-transport
vehicle and driving an LMV transport vehicle, still the
Insurance Company is liable to pay the compensation. In
that view of the matter, this Court finds no reason to
interfere with the award passed by the Court below.
6. Accordingly, the appeals of the Insurance
Company are dismissed.
i. Amount in deposit shall be transferred to
the Court below forthwith.
ii. Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
(2017) 14 SCC 663
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copy of the order passed by this Court forthwith
without any delay.
iii. No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
MEG
