Karnataka High Court
The Divisional Manager, National vs Alisab Khanakhabila And Anr on 29 November, 2023
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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NC: 2023:KHC-K:8914
MFA No. 200103 of 2018
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
MISCL. FIRST APPEAL NO. 200103 OF 2018 (MV-I)
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
BILGUNDI COMPLEX,
STATION MAIN ROAD,
KALABURAGI.
NOW THROUGH ITS,
AUTHORISED SIGNATORY.
...APPELLANT
(BY SRI. SHARANABASAPPA M. PATIL, ADVOCATE)
AND:
Digitally signed
by LUCYGRACE 1. ALISAB KHANAKHABILA
Location: HIGH S/O MASHAK SAB,
COURT OF AGE:53 YEARS, OCC: EX-LABOUR,
KARNATAKA R/O MALKHED,
NOW AT KHOONI ALAWA,
MOMINPURA,
GULBARGA-585104..
2. ABDUL RAHMAN
S/O CHITASAB GULZAR,
AGE: 48 YEARS, OCC: OWNER OF MOTORCYCLE,
BEARING REG.NO.KA-32/PF-0459,
R/O MALKHED, TA. SEDAM,
DIST. GULBARGA-585317.
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NC: 2023:KHC-K:8914
MFA No. 200103 of 2018
...RESPONDENTS
(VIDE ORDER DATED 15.11.2023 NOTICE TO R1
HELD SUFFICIENT
R2 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE ORDER OF THE
TRIBUNAL AND CALL FOR THE LOWER COURT RECORDS AND
HEAR THE PARTIES AND SET ASIDE THE JUDGMENT DATED
23.10.2017 AND AWARD DATED 30.10.2017 IN MVC
NO.1015/2014 IN THE COURT OF THE I ADDITIONAL SENIOR
CIVIL JUDGE AND MACT AT KALABURAGI.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant-Insurance
Company being aggrieved by the judgment and award
dated 23.10.2017 passed in M.V.C.No.1015/2014 on the
file of the I Additional Senior Civil Judge and M.A.C.T,
Kalburgi by which the Tribunal partly allowing the claim
petition filed by the respondent granted a sum of
Rs.60,000/- with interest at 6% per annum from the date
of claim petition till realization.
2. The accident in question involving a motor cycle
bearing registration No.KA-32-EF-0459 belonging to the
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respondent No.2 and was being ridden by the said
respondent No.2 and he sustaining injuries due to the fall
from the bike is not in dispute. The only question raised
by the appellant-Insurance company is that, the rider of
the motor cycle was not possessing valid driving license to
ride the motor cycle of this class, and hence there was a
violation of terms of policy, and as such the appellant-
Insurance Company was not liable to pay the
compensation awarded by the tribunal.
3. Sri. Sharanabasappa M Patil, learned counsel for the
appellant reiterating the grounds urged in the
memorandum of appeal submits that the tribunal grossly
erred by relying upon the provision Motor Vehicle Act,
prior to its amendment with regard to nature and
classification of the licenses which is not applicable to
present case, thereby, ordered appellant-Insurance
Company to pay the compensation even when the
claimants did not possess valid driving license.
4. Heard the learned counsel for the parties and
perused the records.
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5. Since the only issue that requires to be considered
with regard to the liabilities of the appellant-Insurance
Company to pay the compensation, there is no need to
advert to other aspects of this matter. Admittedly,
accident in question taken place on 05.05.2014 and the
rider of the motor cycle in question did not possess valid
driving license prescribed to ride the class of vehicle.
However, he was holding license for driving Light Motor
Vehicles. The tribunal at paragraph 22 of the impugned
Order referring to the judgment of the Co-ordinate Bench
of this Court reported in 2010 ACJ 2510 in the case of
Srinivasa Gowda and anothers Vs Sosamma and
other and the position prior to the amendment of the
Motor Vehicle Act, has come to conclusion that the person
who was holding LMV license was capable of riding two
wheeler.
6. It is necessary to refer to provision of Sub-section
(10) of Section 2 of the Motor Vehicle Act defining the
term 'driving license' prescribes the class of licenses:
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''(10) "driving license" means the license
issued by a competent authority under
Chapter II authorizing the person specified
therein to drive otherwise than as a
learner, a motor vehicle or a motor vehicle
of any specified class or description;''
7. It is also necessary to refer to the provision of Sub-
section of the Act, providng for form and contents of
license to drive. Which reads as under:-
'' 10. Form and contents of license to
drive: (1). Every learner's license and driving
license, except a driving license issued under
section 18, shall be in such form and shall
contain such information as may be prescribed
by the Central Government.
(2). A learner's license or, as the case may
be, driving license shall also be expressed as
entitling the holder to drive a motor vehicle of
one or more of the following classes,
namely:--
(a) Motor cycle without gear;
(b) Motor cycle with gear;
(c) Invalid carriage;
(d)Light motor vehicle;
(e) transport vehicle;
(i) road-roller;
(j) motor vehicle of a specified description.''
8. As seen above there is separate class and form of
license to be issued in favour of person riding two
wheelers with and or without gear. There is also class and
form for license in respect of Light Motor Vehicles. Thus,
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the reading of said Sections make it clear that holding of
LMV driving license may not be sufficient to ride a two
wheeler, particularly when the provisions specifically
provides for issuance of license to specific class of vehicles
to be driven and ridden. It may be also necessary to note
that a person who is capable of driving a four wheeler may
not be knowing to ride a two wheeler inasmuch as the skill
to ride a two wheeler requires a specified balancing act
and the same is different from a skill required to drive a
four wheeler. These aspects of the matter has not been
taken note by the tribunal. To that extent Order passed
by the tribunal requires to be modified. However, since
the vehicle was duly insured with the appellant-Insurance
company herein, in the facts and circumstances of the
case it is just and appropriate that the appellant-Insurance
Company be directed to pay the compensation in the first
instance as directed by the tribunal, and thereafter,
recover the same.
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9. With the above observation and for the foregoing
reasons, following:
ORDER
a) The appeal is partly allowed.
b) The award passed by the Tribunal is modified
accordingly.
Sd/-
JUDGE
RL
