- 1 - NC: 2025:KHC-D:2400 MFA No. 20148 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.20148 OF 2012 (WC) BETWEEN: THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., ENKAY COMPLEX, KESHWAPUR, HUBLI, REPRESENTED BY ITS ASST. MANAGER, REGIONAL OFFICE, SUMANGALA COMPLEX, 2ND FLOOR, LAMINGTON ROAD, HUBLI-29. …APPELLANT (BY SRI G.N. RAICHUR, ADVOCATE) AND: 1. SRI MANJUNATH S/O. VEERAPPA DODDAMANI, AGE: MAJOR, OCC: NIL, R/O: TEVARAMALLIHALLI, TQ: SAVANUR, DIST: HAVERI. 2. SRI SHANKRAPPA S/O. BASAVANTHAPP GANJIGATTI, AGE: MAJOR, OCC: NOT GIVEN, R/O: CHIKKAMALLUR, TQ: SHIGGAON, DIST: HAVERI. …RESPONDENTS (BY SRI B.M. PATIL, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30 (1) OF THE WORKMEN’S COMPENSATION ACT, 1923, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 04.10.2011 PASSED BY THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN’S COMPENSATION HAVERI, IN WCA/NF 100/2006, BY ALLOWING THE INSTANT APPEAL WITH COSTS AND PASS SUCH OTHER ORDERS AS MAY BE DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2400 MFA No. 20148 of 2012 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the Insurance Company challenging the order and award dated 04.10.2011, passed on the file of Labour Officer and Commissioner for Workmen’s Compensation, Haveri, in WCA/NF No.100/2006, seeking to reduce the compensation awarded by the learned Commissioner as well as liability fastened on it to pay compensation. 2. In the present case the offending vehicle is a goods tempo bearing No.KA-27/7082. The tribunal has exonerated the owner of the vehicle on the reason that the driver of the goods auto rickshaw was having driving licence to drive Light Motor Vehicle (non transport). Hence he is competent to drive LMV (transport) also. Accordingly fastened the liability to pay compensation, on the Insurance Company. 3. The issue involved in the present appeal is no more res-integra in view of the judgment of Hon’ble Supreme Court in the case of Mukund Dewangan vs. Oriental Insurance Company Limited, (2017) 14 Supreme Court Cases 663. - 3 - NC: 2025:KHC-D:2400 MFA No. 20148 of 2012 According to which, a person who is holding driving licence to drive the LMV (non transport) can also drive the LMV (transport). In the present case, the offending vehicle is LMV (transport). The driver was holding driving licence to drive the LMV (non transport) who can also drive the said vehicle and the order and award by the learned Commissioner is justified and correct one which needs no interference by this Court. Hence the appeal is liable to be dismissed on these two reasons as there is no merit found on these two grounds raised by the appellant. 4. Accordingly, the appeal is dismissed. 5. The amount in deposit made by the appellant shall be transmitted to the Trial Court for disbursement of compensation. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 61