The High Court
Case Details
- 1 - NC: 2025:KHC:10299 MFA No. 2799 of 2015 C/W MFA No. 2800 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2799 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 2800 OF 2015 (MV-I) IN MFA No. 2799/2015 BETWEEN: THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, NO.1119/B, M.C. ROAD, MANDYA - 571 401. BY REGIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., 5TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, BANGALORE - 560 001, BY ITS MANAGER. …APPELLANT
Legal Reasoning
(BY SRI. O. MAHESH, ADVOCATE) AND: 1. KUM DHANYASHRI, MINOR, AGED ABOUT 11 YEARS, D/O K.H. JAGADEESHA, SINCE MINOR F/G K.H. JAGADEESHA R/AT KIRNGOORU VILLAGE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10299 MFA No. 2799 of 2015 C/W MFA No. 2800 of 2015 K SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 401. 2. NAYAJ KHAN, MAJOR, S/O AJEEJ KHAN, R/AT NO. 1819, ANANDA RICE MILL ROAD, GANJAM, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 401. 3. SHANKAR MAJOR, S/O ANANDAIAH, R/AT DODDABESAGARA BEEDI, KARIGATRA ROAD, GANJAM TOWN, SRIRANGAPATNA TALUK - 571 438. …RESPONDENTS (BY MS. DEEPASHREE D, ADVOCATE FOR SRI. R. NAGENDRA NAIK, ADVOCATE FOR R1; VIDE ORDER DATED 15.12.2017, NOTICE TO R2 AND R3 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 8.9.2014 PASSED IN MVC NO.798/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, AWARDING A COMPENSATION OF RS.10,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF FILING THE PETITION TILL THE DATE OF DEPOSIT OF THE COMPENSATION AMOUNT BEFORE THE TRIBUNAL. - 3 - NC: 2025:KHC:10299 MFA No. 2799 of 2015 C/W MFA No. 2800 of 2015 IN MFA NO. 2800/2015 BETWEEN: THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, NO.1119/B, M.C. ROAD, MANDYA - 571 401. BY REGIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., 5TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, BANGALORE - 560 001, BY ITS MANAGER. ...APPELLANT (BY SRI. O. MAHESH, ADVOCATE) AND: 1. SMT. DEEPA, AGED 29 YEARS, W/O K.H. JAGADEESHA, R/AT KIRNGOORU VILLAGE, K SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 401. 2. NAYAJ KHAN, MAJOR, S/O AJEEJ KHAN, R/AT NO.1819, ANANDA RICE MILL ROAD, GANJAM, SRIRANGAPATNMA TALUK, MANDYA DISTRICT - 571 401. - 4 - NC: 2025:KHC:10299 MFA No. 2799 of 2015 C/W MFA No. 2800 of 2015 3. SHANKAR MAJOR, S/O ANANDAIAH, R/AT DODDABESAGARA BEEDI, KARIGATRA ROAD, GANJAM TOWN, SRIRANGAPATNA TALUK - 571 438. ...RESPONDENTS (BY MS. DEEPASHREE D, ADVOCATE FOR SRI. R. NAGENDRA NAIK, ADVOCATE FOR R1; VIDE ORDER DATED 15.12.2017, NOTICE TO R2 AND R3 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 8.9.2014 PASSED IN MVC NO.800/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, AWARDING A COMPENSATION OF RS.7,500/- WITH INTEREST @ 6% P.A FROM THE DATE OF FILING THE PETITION TILL THE DATE OF DEPOSIT OF THE COMPENSATION AMOUNT BEFORE THE TRIBUNAL. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL COMMON JUDGMENT Aggrieved by the award passed in M.V.C.No.798/2012 and M.V.C.No.800/2012 dated 08.09.2014 on the file of the Additional Senior Civil Judge MACT, Srirangapatna, the - 5 - NC: 2025:KHC:10299 MFA No. 2799 of 2015 C/W MFA No. 2800 of 2015 Insurance Company is before this Court questioning the liability by filing MFA.No.2799/2015 and MFA.No.2800/2015
Decision
respectively. The Tribunal had disposed of the cases by way of a common judgment. Hence, this Court is disposing of the matters by way of common judgment. 2. When it comes to the liability, the Tribunal had observed that a perusal of the evidence on record discloses that RW.1 - Deputy General Manager of the second respondent - Insurance Company in his evidence has not stated the fact that the driver of the auto rickshaw was not having driving license to drive the same at the material time of accident. Hence, the second respondent has not let any evidence in support of the defense taken by him. On the other hand, Ex.R1 - the notarized copy of the driving license which was marked with concerned discloses that one Krishna the driver of the offending auto rickshaw is having valid and effective driving license to drive the three wheeler auto rickshaw. The Tribunal observed that the second respondent has not disputed the contents of the Ex.R1. Hence. the contention of respondent No.2 that the driver of the offending auto rickshaw had no driving license to drive the same on the material time of accident cannot be - 6 - NC: 2025:KHC:10299 MFA No. 2799 of 2015 C/W MFA No. 2800 of 2015 accepted and accordingly, held that the Insurance Company is liable to pay the compensation. 3. Learned counsel appearing for the Insurance Company submits that the Tribunal erred in holding that the Insurance Company is liable to pay the compensation when it is specifically pleaded and proved that since the driver of the insured transport auto has no valid and effective driving license authorizing him to drive a transport vehicle and admittedly he is having driving license for LMV (non-transport) which was issued to him for the first time on 27.10.2009. Learned counsel submits that now the Hon'ble Apex Court in Mukund Dewangan Vs. Oriental Insurance Company Ltd.,1 case has directed the Government to make necessary amendments that itself shows that the Hon'ble Apex Court has not approved the law laid down in Mukund Dewangan's case. As such, the Insurance Company is not liable to pay the compensation. 4. Learned counsel appearing for the claimants had relied on an order passed by this Court in MFA No.2798/2015 and MFA No.8205/2014 arising out of the very same accident, 1 AIR 2017 SCC 3668 - 7 - NC: 2025:KHC:10299 MFA No. 2799 of 2015 C/W MFA No. 2800 of 2015 wherein this Court has held that in light of the Mukund Dewangan's case the Insurance Company is liable to pay the compensation. In that view of the matter, this Court finds no reasons to interfere with the well considered order passed by the Tribunal. Accordingly, this Court is passing the following: ORDER i) M.F.A. No.2799/2015 and M.F.A.No.2800/2015 filed by the Insurance company are dismissed. ii) The amount in deposit shall be forthwith transferred to the Tribunal. iii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iv) No costs. s Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 20 CT: BHK