- 1 - NC: 2025:KHC-D:3100 MFA No. 20144 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.20144 OF 2012 (MV-I) BETWEEN: THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., MELLIGERI COMPLEX, BAGALKOT, REP. BY THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., D.O. MARUTI GALLI, BELAGAVI. …APPELLANT (BY SMT. PREETI SHASHANK, ADVOCATE) AND: 1. ALLISAB S/O. MANASURAB PINJAR @ NADAF, AGE: 22 YEARS, OCC: NIL, R/O: SIMIKERI, TQ: AND DIST: BAGALKOT. 2. CHANDRAKALA W/O. ASHOK PATIL, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: GADDANAKERI, TQ: BAGALKOT, NOW PRESENTLY R/O. BAGALKOT. …RESPONDENTS (BY SRI GIRISH S.HIREMATH, ADVOCATE FOR R2; NOTICE TO R1 IS 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 25.01.2011 IN M.V.C. NO.309/2007 PASSED BY MEMBER, MACT NO.II, BAGALKOT AND PLEASED TO GRANT COSTS AND ETC., THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3100 MFA No. 20144 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the Insurance Company challenging the liability fastened on it, on the ground that driver of tractor and trailer was not holding valid and effective driving licence to drive the same, as there is no endorsement on driving licence to drive tractor and trailer, being aggrieved by the judgment and award dated 25.01.2011 passed in MVC No.309/2007 by the Court of the Member MACT No.II, Bagalkot (for short, ‘Tribunal’). 2. The Tribunal has awarded a compensation of Rs.47,200/- along with proportionate cost and future interest at the rate of 6% per annum from the date of petition till realization by fastening liability on the appellant/Insurance Company to pay the compensation. 3. In the present case, on 31.10.2006, claimant was engaged as a coolie under the employment of respondent No.1 in the tractor and trailer bearing registration No.KA.29/T.6636/T.6637 for loading and unloading the manure. While returning to Simikeri in the said tractor and - 3 - NC: 2025:KHC-D:3100 MFA No. 20144 of 2012 Shellikeri road, driver of tractor suddenly applied brakes, thereby the claimant fell down from the trailer and sustained injuries. Ex.R8 is driving licence, which proved that driver was holding driving licence to drive light motor vehicle. Admittedly, the tractor and trailer is a light motor vehicle within a definition of Section 2 (21) of the Motor Vehicle Act, 1988, as it is proved its unladen weight is less than 7500 Kilograms. Therefore, when the vehicle is light motor vehicle and driver was holding driving licence to drive light motor vehicles, there is no breach of conditions of insurance policy and there is no requirement to make endorsement to drive tractor and trailer. Therefore, this Court does not find any error in saddling the liability by the Tribunal on the appellant/Insurance company. Accordingly, the appeal is dismissed. 4. In view of dismissal of appeal, pending IAs, do not survive for consideration and accordingly, they are disposed off. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 82