- 1 - NC: 2025:KHC:15984 MFA No. 3303 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3303 /2016 (MV-I) BETWEEN: M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, EPIP, RIICO, INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTHAN. NOW REPRESENTED BY ITS M/S SHRIRAM GENERAL INSURANCE COMPANY LTD NO.3/5, 3RD FLOOR, S.V. ARCADE, BILEKAHALLI MAIN ROAD, OFF BANNERUGHATTA ROAD, IIM POST, BANGALORE-576302 3RD FLOOR, S AND S CORNER BUILDING REPTD BY ITS MANAGER LEGAL. …APPELLANT (BY SRI B.C. SHIVANNE GOWDA, ADVOCATE) AND: 1. SMT LAKSHMAMMA @ HUCCHAMMA, W/O LATE RAMADAS, AGED ABOUT 45 YEARS, 2. RAVI, S/O LATE RAMADAS, AGED ABOUT 28 YEARS, 3. SMT. NAGAMANI, D/O LATE RAMADAS, AGED ABOUT 26 YEARS, 4. LAKSHMI @ KANTHA, D/O LATE RAMADAS, AGED ABOUT 24 YEARS, ALL ARE R/AT MYSORE ROAD, THAGYAMMA EXTENTION, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15984 MFA No. 3303 of 2016 CHANNARAYAPATNA TOWN AND TALUK, HASSAN DISTRICT - 573 116. 5. P B JAYANNA, S/O BORAIH, AGED ABOUT 42 YEARS, R/O POCHAKATTE, HULIYURU HOBLI, CHIKKANAYANAHALLI TALUK, TUMKUR DISTRICT - 572 211. …RESPONDENTS (BY SRI CHETAN B., ADVOCATE FOR R1 TO R4; R5 - SERVED & UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED10.02.2016 PASSED IN MVC NO.128/14 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHANNARAYAPATNA, AWARDING COMPENSATION OF RS.6,93,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. 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 award passed in MVC.No.128/2014 dated 10.02.2016 by the Senior Civil Judge, Channarayapatna, the Insurance Company is before this Court. 2. The claim petition is filed seeking compensation of an amount of Rs.25,00,000/- for the death of the deceased in the accident. The Tribunal has awarded the compensation of an - 3 - NC: 2025:KHC:15984 MFA No. 3303 of 2016 amount of Rs.6,93,000/-. When it comes to liability the Tribunal had held that the Insurance Company is liable to pay the compensation. 3. Learned counsel appearing for the Insurance Company submits that the vehicle involved in the accident is Tata Ace i.e., transport vehicle and driver was not having driving license to drive the transport vehicle as it amounts to having no license and the insurance company is not liable to pay the compensation. 4.Learned counsel appearing for the respondent submits that in the light of the judgment of the Hon’ble Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Co. Limited1 still the insurance company is liable to pay the compensation. 5. Having heard the learned counsels on either side, perused the entire material on record. The only ground that is placed before this court is with regard to LMV Transport vehicle and Non-Transport. In the light of the law laid down by the Hon’ble Apex Court in the case of Mukund Dewangan Case 1 (2017) 14 SCC 663 - 4 - NC: 2025:KHC:15984 MFA No. 3303 of 2016 referred supra still the insurance company is liable to pay the compensation. i. Accordingly appeal of the Insurance Company is dismissed. ii. Amount in deposit shall be forthwith transferred to the Tribunal. iii. No Costs. iv. Pending miscellaneous petitions, if any shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE GRD List No.: 2 Sl No.: 55