Karnataka High Court
National Insurance Co Ltd vs Smt Jayamma on 18 February, 2020
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
MISCELLANEOUS FIRST APPEAL NO.9401 OF 2012
C/W
MISCELLANEOUS FIRST APPEAL NO.9392 OF 2012
MISCELLANEOUS FIRST APPEAL NO.9393 OF 2012
MISCELLANEOUS FIRST APPEAL NO.9394 OF 2012
MISCELLANEOUS FIRST APPEAL NO.9395 OF 2012
MISCELLANEOUS FIRST APPEAL NO.9396 OF 2012
MISCELLANEOUS FIRST APPEAL NO.9397 OF 2012
MISCELLANEOUS FIRST APPEAL NO.9398 OF 2012
MISCELLANEOUS FIRST APPEAL NO.9399 OF 2012
MISCELLANEOUS FIRST APPEAL NO.9400 OF 2012 (MV)
IN MFA NO.9401/2012
BETWEEN :
NATIONAL INSURANCE CO. LTD.
BRANCH OFFICE
B.M. COMPLEX
I FLOOR, LAKSHMI BAZAAR
CHITRADURGA
NOW REPTD BY REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD.
REGIONAL OFFICE
SUBHARAM COMPLEX
144, M.G.ROAD
BANGALORE-560 001 ...APPELLANT
(BY SHRI. A.N. KRISHNA SWAMY, ADVOCATE)
2
AND :
1. SMT. JAYAMMA
W/O POOJARAPPA
NOW AGED ABOUT 38 YEARS
NOW R/A DEVARAHALLI
KALLAMBELLA HOBLI
SIRA TALUK
TUMKUR-572 137
2. B. RAMACHANDRAIAH
S/O BADAPPA
NOW AGED ABOUT 48 YEARS
R/O GOPALADEVARAHALLI POST
BUKKAPATNA HOBLI
SIRA TALUK
TUMKUR-572 137 ...RESPONDENTS
(BY SHRI. PATEL D. KAREGOWDA, ADVOCATE FOR R1;
R2-SERVED)
....
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.06.2012 PASSED IN MVC
NO.1215/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT, SIRA, AWARDING COMPENSATION OF
RS.90,200/- WITH INTEREST @ 6% P.A FROM THE DATE OF
PETITION TILL REALIZATION.
IN MFA NO.9392/2012
BETWEEN :
NATIONAL INSURANCE CO. LTD.
BRANCH OFFICE
B.M. COMPLEX
I FLOOR, LAKSHMI BAZAAR
CHITRADURGA
NOW REPTD BY REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD.
REGIONAL OFFICE
3
SUBHARAM COMPLEX
144, M.G.ROAD
BANGALORE-560 001 ...APPELLANT
(BY SHRI. A.N. KRISHNA SWAMY, ADVOCATE)
AND :
1. SMT. GIRIYAMMA
W/O BHEEMANNA
NOW AGED ABOUT 58 YEARS
NOW R/A DODDA AGRAHARA
BUKKAPATNA HOBLI
SIRA TALUK-572 137
2. B. RAMACHANDRAIAH
S/O BADAPPA
NOW AGED ABOUT 48 YEARS
R/O GOPALADEVARAHALLI POST
BUKKAPATNA HOBLI
SIRA TALUK-572 137 ...RESPONDENTS
(BY SHRI. PATEL D. KAREGOWDA, ADVOCATE FOR R1;
R2-SERVED)
....
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.06.2012 PASSED IN MVC
NO.1206/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT, SIRA, AWARDING COMPENSATION OF
RS.1,54,560/- WITH INTEREST @ 6% P.A FROM THE DATE OF
PETITION TILL REALIZATION.
IN MFA NO.9393/2012
BETWEEN :
NATIONAL INSURANCE CO. LTD.
BRANCH OFFICE
B.M. COMPLEX
I FLOOR, LAKSHMI BAZAAR
CHITRADURGA
4
NOW REPTD BY REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD.
REGIONAL OFFICE
SUBHARAM COMPLEX
144, M.G.ROAD
BANGALORE-560 001 ...APPELLANT
(BY SHRI. A.N. KRISHNA SWAMY, ADVOCATE)
AND :
1. SMT. LAKSHMAMMA
W/O MALLAPPA
NOW AGED ABOUT 58 YEARS
R/O JOGIHALLI, GULUR HOBLI
GUBBI TQ, TUMKUR DIST
NOW R/A KALLAMBELLA
KALLAMBELLA HOBLI
SIRA TALUK
TUMKUR DIST-572 101
2. B. RAMACHANDRAIAH
S/O BADAPPA
NOW AGED ABOUT 48 YEARS
R/O GOPALADEVARAHALLI POST
BUKKAPATNA HOBLI
SIRA TALUK-572 137 ...RESPONDENTS
(BY SHRI. PATEL D. KAREGOWDA, ADVOCATE FOR R1;
R2-SERVED)
....
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.06.2012 PASSED IN MVC
NO.1207/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT, SIRA, AWARDING A COMPENSATION OF
RS.70,600/- WITH INTEREST @ 6% P.A FROM THE DATE OF
PETITION TILL REALIZATION.
5
IN MFA NO.9394/2012
BETWEEN :
NATIONAL INSURANCE CO. LTD.
BRANCH OFFICE
B.M. COMPLEX
I FLOOR, LAKSHMI BAZAAR
CHITRADURGA
NOW REPTD BY REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD.
REGIONAL OFFICE
SUBHARAM COMPLEX
144, M.G.ROAD
BANGALORE-560 001 ...APPELLANT
(BY SHRI. A.N. KRISHNA SWAMY, ADVOCATE)
AND :
1. SMT. SHIVAMMA
W/O RAJANNA
NOW AGED ABOUT 38 YEARS
R/O GANGAIAHNAPALYA
THALEKOPPA POST
GUBBI TQ
NOW R/AT BYADARAHALLY
KALLAMBELLA HOBLI
SIRA TALUK-572 137
2. B. RAMACHANDRAIAH
S/O BADAPPA
NOW AGED ABOUT 48 YEARS
R/O GOPALADEVARAHALLI POST
BUKKAPATNA HOBLI
SIRA TALUK-572 137 ...RESPONDENTS
(BY SHRI. PATEL D. KAREGOWDA, ADVOCATE FOR R1;
R2-SERVED)
....
6
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.06.2012 PASSED IN MVC
NO.1208/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT, SIRA, AWARDING COMPENSATION OF
RS.1,48,600/- WITH INTEREST @ 6% P.A FROM THE DATE OF
PETITION TILL REALIZATION.
IN MFA NO.9395/2012
BETWEEN :
NATIONAL INSURANCE CO. LTD.
BRANCH OFFICE
B.M. COMPLEX
I FLOOR, LAKSHMI BAZAAR
CHITRADURGA
NOW REPTD BY REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD.
REGIONAL OFFICE
SUBHARAM COMPLEX
144, M.G.ROAD
BANGALORE-560 001 ...APPELLANT
(BY SHRI. A.N. KRISHNA SWAMY, ADVOCATE)
AND :
1. SRINIVASA
S/O RANGAPPA
NOW AGED ABOUT 31 YEARS
R/O GUDDADA JOGIHALLY
GUBBI TQ
NOW R/AT KATAVEERANAHALLI
KALLAMBELLA HOBLI
SIRA TALUK-572 137
2. B. RAMACHANDRAIAH
S/O BADAPPA
NOW AGED ABOUT 48 YEARS
R/O GOPALADEVARAHALLI POST
7
BUKKAPATNA HOBLI
SIRA TALUK-572 137 ...RESPONDENTS
(BY SHRI. PATEL D. KAREGOWDA, ADVOCATE FOR R1;
R2-SERVED)
....
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.06.2012 PASSED IN MVC
NO.1209/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT, SIRA, AWARDING A COMPENSATION OF
RS.98,800/- WITH INTEREST @ 6% P.A FROM THE DATE OF
PETITION TILL REALIZATION.
IN MFA NO.9396/2012
BETWEEN :
NATIONAL INSURANCE CO. LTD.
BRANCH OFFICE
B.M. COMPLEX
I FLOOR, LAKSHMI BAZAAR
CHITRADURGA
NOW REPTD BY REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD.
REGIONAL OFFICE
SUBHARAM COMPLEX
144, M.G.ROAD
BANGALORE-560 001 ...APPELLANT
(BY SHRI. A.N. KRISHNA SWAMY, ADVOCATE)
AND :
1. SMT. SHANTHAMMA
W/O NINGAPPA
NOW AGED ABOUT 48 YEARS
R/O GUDDADA JOGIHALLY
HOSAKERE POST, GUBBI TQ
NOW R/AT JYOTHINAGARA
SIRA TOWN-572 137
8
2. B. RAMACHANDRAIAH
S/O BADAPPA
NOW AGED ABOUT 48 YEARS
R/O GOPALADEVARAHALLI POST
BUKKAPATNA HOBLI
SIRA TALUK-572 137 ...RESPONDENTS
(BY SHRI. PATEL D. KAREGOWDA, ADVOCATE FOR R1;
R2-SERVED)
....
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.06.2012 PASSED IN MVC
NO.1210/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT, SIRA, AWARDING COMPENSATION OF
RS.78,200/- WITH INTEREST @ 6% P.A FROM THE DATE OF
PETITION TILL REALIZATION.
IN MFA NO.9397/2012
BETWEEN :
NATIONAL INSURANCE CO. LTD.
BRANCH OFFICE
B.M. COMPLEX
I FLOOR, LAKSHMI BAZAAR
CHITRADURGA
NOW REPTD BY REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD.
REGIONAL OFFICE
SUBHARAM COMPLEX
144, M.G.ROAD
BANGALORE-560 001 ...APPELLANT
(BY SHRI. A.N. KRISHNA SWAMY, ADVOCATE)
AND :
1. C.P. JAGADEESHA
S/O GIRIJAMMA
NOW AGED ABOUT 26 YEARS
R/O ANKASANDRA
9
NOW R/AT BENCHE GATE
SIRA TALUK-572 137
2. B. RAMACHANDRAIAH
S/O BADAPPA
NOW AGED ABOUT 48 YEARS
R/O GOPALADEVARAHALLI POST
BUKKAPATNA HOBLI
SIRA TALUK-572 137 ...RESPONDENTS
(BY SHRI. PATEL D. KAREGOWDA, ADVOCATE FOR R1;
R2-SERVED)
....
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.06.2012 PASSED IN MVC
NO.1211/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT, SIRA, AWARDING COMPENSATION OF
RS.1,06,200/- WITH INTEREST @ 6% P.A FROM THE DATE OF
PETITION TILL REALIZATION.
IN MFA NO.9398/2012
BETWEEN :
NATIONAL INSURANCE CO. LTD.
BRANCH OFFICE, B.M. COMPLEX
I FLOOR, LAKSHMI BAZAAR
CHITRADURGA
NOW REPTD BY REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD.
REGIONAL OFFICE
SUBHARAM COMPLEX
144, M.G.ROAD
BANGALORE-560 001 ...APPELLANT
(BY SHRI. A.N. KRISHNA SWAMY, ADVOCATE)
AND :
1. KUMARI. KAVYA
D/O K. RAJANNA
10
NOW AGED ABOUT 14 YEARS
SINCE MINOR REPRESENTED BY
NATURAL GUARDIAN/FATHER
K. RAJANNA MAJOR
R/O BALAJI NAGAR
SIRA TOWN-572 137
2. B. RAMACHANDRAIAH
S/O BADAPPA
NOW AGED ABOUT 48 YEARS
R/O GOPALADEVARAHALLI POST
BUKKAPATNA HOBLI
SIRA TALUK-572 137 ...RESPONDENTS
(VIDE ORDER DTD.17.8.15 - NOTICE TO R1
HELD SUFFICIENT; R2-SERVED)
....
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.06.2012 PASSED IN MVC
NO.1212/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT, SIRA, AWARDING COMPENSATION OF
RS.4,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF
PETITION TILL REALIZATION.
IN MFA NO.9399/2012
BETWEEN :
NATIONAL INSURANCE CO. LTD.
BRANCH OFFICE
B.M. COMPLEX
I FLOOR, LAKSHMI BAZAAR
CHITRADURGA
NOW REPTD BY REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD.
REGIONAL OFFICE
SUBHARAM COMPLEX
144, M.G.ROAD
BANGALORE-560 001 ...APPELLANT
(BY SHRI. A.N. KRISHNA SWAMY, ADVOCATE)
11
AND :
1. SMT. DHANALAKSHMI
W/O KANTHARAJU
NOW AGED ABOUT 28 YEARS
R/O JOGIHALLY
HOSAKERE POST
NOW R/AT BALAJI NAGAR
SIRA-572 137
2. B. RAMACHANDRAIAH
S/O BADAPPA
NOW AGED ABOUT 48 YEARS
R/O GOPALADEVARAHALLI POST
BUKKAPATNA HOBLI
SIRA TALUK-572 137 ...RESPONDENTS
(VIDE ORDER DTD.17.8.15 - NOTICE TO R1
HELD SUFFICIENT; R2-SERVED)
....
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.06.2012 PASSED IN MVC
NO.1213/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT, SIRA, AWARDING COMPENSATION OF
RS.1,20,300/- WITH INTEREST @ 6% P.A FROM THE DATE OF
PETITION TILL REALIZATION.
IN MFA NO.9400/2012
BETWEEN :
NATIONAL INSURANCE CO. LTD.
BRANCH OFFICE
B.M. COMPLEX
I FLOOR, LAKSHMI BAZAAR
CHITRADURGA
NOW REPTD BY REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD.
REGIONAL OFFICE
SUBHARAM COMPLEX
12
144, M.G.ROAD
BANGALORE-560 001 ...APPELLANT
(BY SHRI. A.N. KRISHNA SWAMY, ADVOCATE)
AND :
1. SMT. MAHADEVAMMA
W/O DEVARAJ
NOW AGED ABOUT 35 YEARS
R/O HUVINAKATTE
NOW R/A SANTHEPETE
SIRA TOWN-572 101
2. B. RAMACHANDRAIAH
S/O BADAPPA
NOW AGED ABOUT 48 YEARS
R/O GOPALADEVARAHALLI POST
BUKKAPATNA HOBLI
SIRA TALUK-572 137 ...RESPONDENTS
(BY SHRI. PATEL D. KAREGOWDA, ADVOCATE FOR R1;
R2-SERVED)
....
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.06.2012 PASSED IN MVC
NO.1214/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT, SIRA, AWARDING COMPENSATION OF
RS.3,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF
PETITION TILL REALIZATION.
THESE MFAs COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-
13
JUDGMENT
All these appeals have been presented by the insurer contending inter alia that insurer is not liable to indemnify the owner on the ground that the licence possessed by the driver of the offending vehicle did not bear transport endorsement.
2. Shri.Patel Karegowda, learned Advocate for respondents in all these cases placed reliance on Mukund Dewangan Vs. Oriental Insurance Company Limited1 and contended that 'transport endorsement is not necessary for a vehicle which weighs below 7500 kgs. He is right in his submission.
3. The Tribunal has recorded a finding that the driver of the offending vehicle was having licence as per Ex.P47 to drive a Light Motor Vehicle (Non- transport) with effect from 19.03.2009 till 18.03.2029. 1 AIR 2017 Supreme Court 3668 14 Accident has taken place on 6th May 2009. Therefore, in view of Mukund Dewangan, insurer shall be liable to indemnify the owner and satisfy the award.
4. Resultantly, these appeals do not merit consideration and the same are accordingly dismissed.
The amount in deposit before this Court shall be transmitted to MACT for disbursement in accordance with law.
No costs.
Sd/-
JUDGE SPS