- 1 - HC-KAR NC: 2025:KHC-D:8154 MFA No. 100527 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 100527 OF 2015 (MV) BETWEEN: SHANMUKHESH S/O NAGAPPA KAMMAR, AGE: MAJOR, OCC: BUSINESS, R/O: HULLATTI VILLAGE, TQ: HIREKERUR, DIST: HAVERI. … APPELLANT (BY SRI. HARSHWARDHAN PATIL, ADVOCATE FOR SRI. PATIL M.H., ADVOCATE) AND: 1. MAJAPPA S/O PARAMESHAPPA POOJAR, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: HULLATTI VILLAGE, TQ: HIREKERUR, DIST: HAVERI, NOW AT RAJESHWARI NAGAR, RANEBENNUR. 2. THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI. … RESPONDENTS (BY SRI. N.R. KUPPELUR, ADVOCATE FOR R2; R1-SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED: 28.11.2014, PASSED IN MVC NO.718/2012, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR AT: RANEBENNUR. THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8154 MFA No. 100527 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the owner of the vehicle bearing Reg.No.KA-27/A-5223, challenging the judgment and award dated 28.11.2014 passed in MVC No.718/2012 on the file of Principal Senior Civil Judge and MACT, Ranebennur1, questioning the fastening of liability on him to pay compensation on the ground that there is violation of conditions of insurance policy regarding driving licence. 2. In the present case, the offending vehicle is a light motor vehicle (transport) passenger AGO Auto Rickshaw, but the driver of the Auto Rickshaw was holding driving licence to drive light motor vehicles (non transport) valid from 15.09.2010 to 14.09.2030. The accident occurred in the year 2012. Therefore, a person who is holding driving licence to drive light motor vehicles (non transport), is also competent to drive light motor vehicle (transport). 3. The issue involved is squarely covered by the judgment of Hon’ble Supreme Court in the case of Mukund 1 (hereinafter referred to as ‘the Tribunal’ for short) - 3 - HC-KAR NC: 2025:KHC-D:8154 MFA No. 100527 of 2015 Dewangan vs. Oriental Insurance Company Limited2 (Mukund Dewangan case). Admittedly, as on the date of accident, the driver was holding driving licence to drive Light Motor Vehicle (non-transport). Even the driver who is holding driving license to drive light motor vehicle (non-transport) can also drive light motor vehicle (transport). Therefore, as per the judgment of Hon’ble Supreme Court in the case of MUKUND DEWANGAN (stated supra), the observation made by the Tribunal is liable to be set-aside as there is no violation of conditions of insurance policy. Hence, the Insurance Company is liable to indemnify the owner. Therefore, the Insurance Company is liable to pay the compensation. 4. So far as rate of interest is concerned, the Tribunal has awarded compensation of Rs.3,13,240/- along with interest at the rate of 7% p.a., but this Court while awarding compensation consistently awarding rate of interest @ 6% p.a. Hence, the rate of interest is scaled down to 6% p.a. 2 (2017) 14 Supreme Court Cases 663 - 4 - HC-KAR NC: 2025:KHC-D:8154 MFA No. 100527 of 2015 5. In terms of the above observations, the appeal filed by the owner of the vehicle bearing Reg.No.KA-27/A-5223 is liable to be allowed. 6. In the result, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The judgment and award dated 28.11.2024 passed in MVC No.718/2012 on the file of Principal Senior Civil Judge and MACT, Ranebennur is modified. iii. The claimant is entitled to a total compensation of Rs.3,13,200/- along with interest at the rate of 6% p.a. from the date of petition till the date of realization. iv. The liability fastened on appellant/owner of the vehicle bearing Reg.No.KA-27/A-5223 is hereby set aside. v. The Insurance Company is liable to pay compensation to the claimant by indemnifying the owner of the vehicle bearing Reg.No.KA- 27/A-5223 within eight weeks from the date of receipt of copy of this judgment. - 5 - HC-KAR NC: 2025:KHC-D:8154 MFA No. 100527 of 2015 vi. Send a copy of this judgment to the Tribunal. vii. Amount in deposit made by the owner of the vehicle bearing Reg.No.KA-27/A-5223 shall be transmitted to the Tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 76