Karnataka High Court
The National Insurance Co Ltd vs Chandrashekar @ Chandru on 24 May, 2012
Author: Subhash B.Adi
Bench: Subhash B.Adi
:1:
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS '
24
THE DAY OF MAY, 2012
BEFORE
THE HON'BLE MRJUSTICE SUBHASH B. ADI
MFANO. 10435/2008 (MV)
BErWEEN
THE NATIONAL INSURANCE Co LTD
BRANCH OFFICE
KARWAR, REPBY ASST MANAGER
LEGAL REGIONAL OFFICE,
SHUBHARAM COMPLEX,
M.G. ROAD, BANGALORE. ... APPELLANT
(By SrLS. V. VAil ADV. FOR SRI. A fri VENKATESH, ADVS.)
AND
1. CHANDRASHEKAR @ CHANDRU
GOVIND MOGER,
AGED ABOUT 26 YEARS
R/O. HOSAGADDE, HASARGOD
TALUK SIDDAPUR.
2. ABDUL JABBAR SHAIK
MAJOR
Sb. YOUSUF SAB,
R/AT RAJIV NAGAR,
TALUK SIRSI U K.
3. KRISHNA PARAMESH WAR HEGDE
AGED ABOUT 34 YEARS
:2:
RIO. DODDABENA
POST CHIPAGERI
YELLAPUR. ... RESPONDENTS
(By Sri.GANAPATI M BHAT, ADV. FOR Ri)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED: 11/7/2008 PASSED IN
MVC NO.14/06 ON THE FILE OF THE ADDL. MACT, SIRSI,
AWARDING COMPENSATION OF RS. 1,05,600/- WITH
INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL
DATE OF DEPOSIT.
THE APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING JUDGMENT:
JUDGMENT
This appeal is by the insurer questioning the liability on the ground that, the driver of the offending vehicle did not possess the driving license to drive motorcycle. He had license only to drive light motor vehicle (4 wheeler).
2. Though such a contention is raised In this appeal, it is brought to my notice that in the connected matter in MFA.5502/2008 arising out of the same accident, similar contention had been raised and this Court rejected the said appeal and confirmed the award passed by the Tribunal.
In view of the same, this appeal is dismissed. :3: The amount in deposit be transferred to the Tribunal. In view of the disposal of the appeal, the Misc.Cvl.107543/09 do not survive for consideration and It is accordingly disposed of.
Sd/ JUDGE sub!