- 1 - HC-KAR NC: 2025:KHC-D:7904 MFA No. 103203 of 2015 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 103203 OF 2015 (MV) BETWEEN: THE DIVISIONAL MANAGER, NEW INDIA INSURANCE COMPANY LIMITED, REPRESENTED THROUGH ITS NEW INDIA ASSURANCE COMPANY LIMITED, REGIONAL OFFICE, 2ND FLOOR, SRINATH COMPLEX, NEW COTTON MARKET, HUBBALLI, REPRESENTED BY ITS DEPUTY MANAGER. … APPELLANT (BY SRI S.S.KOLIWAD, ADVOCATE.) AND: 1. ANAND S/O. BASAPPA KAMMAR, AGE: 25 YEARS, OCC: COOLIE, R/O: HARTI VILLAGE, TQ: DIST: GADAG. 2. FAKRUSAB AMINSAB HAKKARAKI, AGE: MAJOR, OCC: BUSINESS, R/O: HARTI VILLAGE, TQ: DIST: GADAG, (OWNER OF THE MAXI CAB KA-26/2176). … RESPONDENTS (BY SRI SURESH P. HUDEDAGADDI, ADVOCATE FOR R1; R2 – NOTICE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 05.09.2015, PASSED IN MVC NO.225/2012, ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT GADAG AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION 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:7904 MFA No. 103203 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the insurance company challenging the judgment and award dated 05.09.2015, passed by the Additional District and Sessions Judge, Gadag, in MVC No.225/2012, questioning the liability saddled on it to pay compensation. 2. Heard the arguments of learned counsels appearing for both the sides and perused the material placed before the Court. 3. In this case, occurrence of accident, injuries sustained by the claimant in the accident and the quantum of compensation awarded are not in dispute. 4. In the present case the offending vehicle is a maxicab and the driver of the maxicab was having driving licence to drive LMV (non transport) vehicle. The challenge by the appellant insurance company is that the driver did not have the driving licence to drive LMV (transport) vehicle. The issue is squarely covered by the decision of - 3 - HC-KAR NC: 2025:KHC-D:7904 MFA No. 103203 of 2015 the Hon’ble Supreme Court in the case of Mukund Dewangan vs. Oriental Insurance Company Limited, (2017) 14 Supreme Court Cases 663. Therefore, the appeal filed by the insurance company is liable to be dismissed. Accordingly, the appeal is hereby dismissed, confirming the judgment and award passed by the tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 41