- 1 - HC-KAR NC: 2025:KHC:21912 MFA No. 7057 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 7057 OF 2016 (MV-I) BETWEEN: THE NEW INDIA ASSURANCE COMPANY LIMITED, NO.2B, UNITY BUILDING ANNEXE, MISSION ROAD, BANGALORE REPRESENTED BY THE MANAGER, REGIONAL OFFICE(MOTOR TP HUB), THE NEW INDIA ASSURANCE COMPANY LIMITED, 2ND FLOOR, MAHALAKSHMI CHAMBERS, NO.9, M.G.ROAD, BANGALORE - 560 001. …APPELLANT (BY SRI. B.R. VENKATESH KAMATH, ADVOCATE) AND: 1. SMT. VENKATARAVANAMMA, WIFE OF SHRI. K. ONDAPPA, AGED ABOUT 46 YEARS, CARE OF SHRI MANJUNATH, S/O SHRI CHOWDAPPA, NO.736, IST MAIN, 2ND CROSS, CHOWDESHWARINAGAR, YELAHANKA OLD TOWN, BANGALORE - 560 064, PERMANENTLY RESIDING AT NO.176, MUDDAKARAPALLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT - 563 124. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21912 MFA No. 7057 of 2016 2. SHRI. BORRADY SAIKRISHNA, SON OF SHRI SREENIVASALU, MAJOR, HOUSE NO.2-53-2, KODIKONDA VILLAGE, CHILAMATHUR MANDAL, ANANTHAPUR DISTRICT ANDHRA PRADESH - 515 601. …RESPONDENTS (BY SRI. P. MAHADEVA SWAMY, ADVOCATE FOR R1; SRI. J.M. UMESHA MURTHY, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 1.3.2016 PASSED IN MVC NO. 8/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, CJM, CHIKKABALLAPUR, AWARDING A COMPENSATION OF RS.1,10,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the insurer challenging the judgment and award dated 1st March 2016, passed by the learned Principal Senior Civil Judge and CJM, Chikkaballapura, (for short `Tribunal'), in MVC No.8/2014. - 3 - HC-KAR NC: 2025:KHC:21912 MFA No. 7057 of 2016 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3. Brief facts of the case are that, on 23.10.2011, around 5.30 p.m., the claimant met with an accident due to rash and negligent driving of the Tata Ace vehicle bearing registration No.AP-02-Y-2181, (for short 'offending vehicle') by its driver. As a result of which, the claimant sustained grievous injuries. For these reasons, the claimant has prayed for awarding of compensation. 4. Respondent No.1 is the insurer and Respondent No.2 is the owner of the vehicle. Respondent No.1-insurer denied the contentions of the claim petitioner and its liability to pay compensation and prayed to dismiss the claim petition against respondent No.1. 5. Respondent No.2 in his written statement, denied the contentions of the claim petitioner and further contended that the said vehicle was insured with respondent No.1 and if the petition is allowed, then respondent No.1 be directed to pay the compensation. - 4 - HC-KAR NC: 2025:KHC:21912 MFA No. 7057 of 2016 6. From the rival contentions of the parties, the Tribunal framed necessary issues, for its determination. 7. The claimant to prove her case examined two witnesses as PW-1 and PW-2 and marked 21 documents, as per Exs.P-1 to P-21. Respondent No.2 examined one witness as RW-1 and marked Exs.R-1 to R-9. 8. The Tribunal after hearing both parties, awarded following amounts of compensation: Particulars Amount in Rs. Pain and sufferings 55,000/- Medical expenses 15,000/- Nourishment, conveyance and attendant charges 10,000/- Discomfort and loss of amenities in life and also future medical expenses 10,000/- Loss of income and unhappiness 20,000/- Total 1,10,000/- - 5 - HC-KAR NC: 2025:KHC:21912 MFA No. 7057 of 2016 9. The Tribunal held that both respondent No.1 and respondent No.2 are jointly and severally liable to pay the compensation. 10. Being dissatisfied with the award passed by the Tribunal, the respondent No.1/insurer has filed the present appeal. 11. Heard the arguments of the learned counsel appearing for claimant as well as learned counsel for respondents. 12. Respondent No.1-insurer challenging the impugned judgment mainly on the ground that driver of the offending vehicle had no valid and effective driving license. He had a license to drive light motor non-transport vehicle, but at the time of accident, he was driving light motor transport vehicle. Therefore, respondent No.1- insurer is not liable to indemnify the owner, since there is a breach of terms and conditions of the policy of insurance. 13. Learned counsel for the appellant fairly submits that, in view of the law laid down by the Hon'ble Apex - 6 - HC-KAR NC: 2025:KHC:21912 MFA No. 7057 of 2016 Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited1 and Bajaj Alliance General Insurance Co. Ltd. Vs. Rambha Devi and Ors2, the contention of the insurer is not tenable and in view of the law laid down in the aforesaid judgments, this appeal became infructuous. 14. It is not in dispute that the driver of the offending vehicle had a license to drive a non-transport light motor vehicle and he was driving the light motor transport vehicle without endorsement. As rightly submitted in view of the law laid down in the above judgments, on such ground insurer cannot disown its liability. A driver authorized to drive the light motor vehicle can drive light motor transport vehicle. 15. There is no serious dispute in respect of the amount of compensation awarded. Looking at the materials available on record, the Tribunal has awarded 1 (2017) 14 SCC 663, 2 (2025) 3 SCC 95 - 7 - HC-KAR NC: 2025:KHC:21912 MFA No. 7057 of 2016 just and reasonable amount of compensation and the same is not challenged by the claimant. 16. In the result, I proceed to pass the following: ORDER i) The Appeal is dismissed. ii) The judgment and award dated 1st March 2016, passed in MVC.No.8/2014, by the learned Principal Senior Civil Judge and CJM, Chikkaballapura, stands confirmed. iii) Whatever the amount deposited by the appellant shall be transmitted to the Tribunal for disbursement. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AMA List No.: 1 Sl No.: 7 CT: BHK