- 1 - NC: 2025:KHC:12232 MFA No. 2216 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2216 OF 2015 (MV-D) BETWEEN: THE MANAGER RELIANCE GIC CO. LTD., HUBLI BRANCH LEGAL MANAGER RELIANCE GEN. INSURANCE CO. LTD. REGIONAL OFFICE, 5TH FLOOR, CENTENARY BUILDING, NO.28, M.G. ROAD, BANGALORE-560 001 …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. MR. ANTONY D’SOUZA D/O LATE MAXIM D SOUZA NOW AGED ABOUT 58 YEARS SINCE DEAD R2 & R3 ARE THE LR’S OF DECEASED R1 2. KUM. JYOTHI D’SOUZA D/O ANTONY D’SOUZA NOW AGED ABOUT 22 YEARS 3. KUM. PREETHI D’SOUZA D/O ANTONY D’SOUZA NOW AGED ABOUT 21 YEARS ALL ARE R/AT ‘LUMAX’, SITE NO.137, MRPL REHABILITATION COLONY, CHELAIRU VILLAGE & POST, MANGALORE TALUK-575 001 4. MR. SANTHOSH TATUSKAR Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12232 MFA No. 2216 of 2015 S/O PRAKASH RAO R/O SRI NAGAR, KARWARA ROAD, HUBLI-580 028 …RESPONDENTS (BY SRI.GURUPRASAD B.R., ADVOCATE FOR R1- R3 V/O/D 06/3/2024 R2 & R3 ARE LR’S OF DEAD R1 R4- SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.01.2015 PASSED IN MVC NO.1818/2012 ON THE FILE OF THE VI ADDITIONAL DISTRICT & SESSIONS JUDGE, D.K, MANGALORE, AWARDING COMPENSATION OF RS.7,55,000/- 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 SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the judgment and award passed in M.V.C.No.1818/2012 dated 02.01.2015 by the IV Addl. District and Sessions Judge, D.K. Mangalore, the Insurance Company is before this Court. 2. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the death of the wife of claimant. The Tribunal had fixed the liability on the Insurance Company holding that the Insurance Company has not made any efforts to prove that the driver was not having a valid driving license to drive the lorry as on the date of the accident and hence as - 3 - NC: 2025:KHC:12232 MFA No. 2216 of 2015 policy was in force the Insurance Company is liable to pay the compensation. 3. Learned counsel appearing for the appellant/Insurance Company submits that the charge sheet is filed by the police against the driver of the offending vehicle under Section 137 r/w Section 187 of the IMV Act, Section 134(3) r/w Section 187 of the IMV Act and Section 3 r/w Section 181 of the IMV Act. It clearly shows that the driver of the vehicle was not having a driving license as on that day and the tribunal has failed to consider the same and he submits that the same is not legal. It is submitted that when there is no driving license, the Insurance Company is not liable to pay the compensation. 4. Learned counsel appearing for the respondent/ claimant submits that the claimant is a 3rd party to the Insurance policy and whether the claimant is having a valid driving license or not, the Insurance Company is liable to pay the compensation. 5. Having heard the counsels on the either side, perused the material on record. It is argued by the learned counsel for the Insurance Company that as the driver is not having a valid - 4 - NC: 2025:KHC:12232 MFA No. 2216 of 2015 driving license he is not liable to pay the compensation and it is the finding of the tribunal that the Insurance Company has failed to prove the same. This Court has perused the order, the FIR and the Charge Sheet that is registered against the driver of the vehicle which shows that the driver was not having a valid driving license. In that view of the matter it has to be presumed that the driver of the vehicle is not having a valid driving license, even in that case also the Insurance Company is liable to pay the compensation as per the law laid down in the case of National Insurance Company Limited Vs. Swaran Singh and others1. i. Accordingly, appeal of the insurance company is partly allowed. The Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. ii. The amount in deposit by the Insurance Company shall be forthwith transmitted to the Tribunal. iii. The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy 1 (2004) 3 SCC 297 - 5 - NC: 2025:KHC:12232 MFA No. 2216 of 2015 of the order passed by this court forthwith without any delay. iv. No Costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 7