- 1 - NC: 2025:KHC:12480 MFA No. 7933 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7933 OF 2016 (MV-I) BETWEEN: M/S INFANT TRAVELS PVT LTD NO 8, SHIVANNA BUILDING, TAVAREKERE VILLAGE AND POST NANDAGUDI HOBLI, HOSKOTE TALUK, BANGALORE – 562 114 BY ITS AUTHORISED SIGNATORY J.JOHN LOUIS …APPELLANT (BY SRI.H.N.VASUDEVAN, ADVOCATE FOR SRI.MUNIREDDY, ADVOCATE) AND: 1. N.SHASHIKIRAN S/O. NAGARAJU AGED ABOUT 36 YEARS RESIDING AT NO 6-404, SHASHIKIRAN NILAYA, NEAR GOVERNMENT PU COLLEGE M.V.LAYOUT HOSKOTE – 562 114 BANGALORE RURAL DISTRICT 2. MAGMA HDI GENERAL INSURANCE CO. LTD., 2ND FLOOR, H.M.J.C. ROAD, 36, J.C.ROAD, NEAR MINERVA CIRCLE, BANGALORE – 560 002 BY ITS DIVISIONAL MANAGER …RESPONDENTS (BY SRI. O.MAHESH, ADVOCATE FOR R2 R1- SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.08.2016 PASSED IN MVC NO.1550/2015 ON THE FILE OF XIII ADDITIONAL SMALL CAUSE Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12480 MFA No. 7933 of 2016 JUDGE AND MEMBER MACT, BENGALURU AWARDING COMPENSATION OF RS.2,11,600/- WITH INTEREST AT 9% P.A FROM THE DATE OF PETITION TILL 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 order passed in M.V.C.No.1550/2015 dated 10.08.2016 by the XIII Additional Judge and Member Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru, the appellant/owner of the vehicle is before this Court questioning the liability that is fixed on the owner of the vehicle. 2. The Tribunal had exonerated the Insurance Company and fixed the liability on the owner of the vehicle. The Tribunal had held that there is no dispute about respondent No.2 therein i.e., the appellant herein is the owner and respondent No.1 therein i.e., respondent No.2 herein is the insurer of the Tempo Traveller. The Tribunal had considered the contention of the Insurance Company that the driver who was driving the Tempo Traveller was holding license to drive LMV non-transport only. Firstly, there is clear recital in the charge sheet - Ex.P.5 as the driver of Tempo Traveller was not holding the effective driving - 3 - NC: 2025:KHC:12480 MFA No. 7933 of 2016 license. Secondly, the ARTO was examined as RW.1 and he has produced the driving license extract at Ex.R.1, by perusing the said Ex.R.1, it is pertaining to the Shivaraja.A., who is driver of the tempo traveller at the time of the accident and further R.W.1 deposed that as per Ex.R.1, the holder has authorized to drive only LMV non-transport, to drive tempo traveller passenger vehicle, LMV (transport) driving license is must, further, the holder of Ex.R.1 is not authorized to drive Tempo Traveller passenger vehicle and accordingly the Tribunal had held that the Insurance Company is not liable to pay the compensation. 3. Learned counsel appearing for the appellant/owner of the vehicle submits that in the light of the law laid down by the Hon’ble Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Co. Limited1, the Insurance Company is liable to pay the compensation. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that no evidence is placed before 1 AIR 2017 SC 3668 - 4 - NC: 2025:KHC:12480 MFA No. 7933 of 2016 the Court with regard to what is the laden and unladen weight of the said vehicle, RC book is not placed before the Court. 5. Having heard the learned counsels on either side, perused the entire material on record. The whole finding of the Tribunal with regard to the LMV transport and non-transport is the ground for fixing the liability on the owner of the vehicle. This aspect is covered by the judgment of the Hon’ble Apex Court in Mukund Dewangan's case referred supra and the Insurance Company is liable to pay the compensation. 6. Accordingly, the appeal filed by the owner of the vehicle is allowed-in-part. i. The amount in deposit shall be forthwith transmitted to the trial Court. ii. No costs. iii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 13