- 1 - NC: 2025:KHC-D:206 MFA No. 23490 of 2012 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 07TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.23490 OF 2012 (MV) BETWEEN: THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., CLUB ROAD, BELAGAVI DR. B.R. AMBEDKAR ROAD, OPP. CIVIL HOSPITAL BELAGAVI, NOW REP. BY BALAKRISHNA K.NAYAK ASSISTANT MANAGER, ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, SUMANGALA COMPLEX, OPP. HDMC LAMINGTON ROAD, HUBLI. …APPELLANT (BY SRI N.R. KUPPELUR, ADVOCATE) AND: 1. SRI VENKATESH S/O. BALASAHEB DESAI, AGE: 26 YEARS, OCC: AGRICULTURE AND COOLIE, R/O: KATKOL, TALUK: RAMADURG, DIST: BELAGAVI. 2. SRI BHAUKANNA NARAYA BALEKUNDRI, AGE: MAJOR, OCC: BUSINESS, R/O: CCB,NO.30, PLOT NO.92, APMC YARD, MARKHANDEYA NAGAR, BELAGAVI. …RESPONDENTS (BY SRI ASHOK A.NAIK, ADVOCATE FOR R1; SRI VITTAL S.TELI, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.03.2012, PASSED IN MVC NO.2681/2010, ON THE FILE OF THE PRESIDING OFFICER, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:206 MFA No. 23490 of 2012 FAST TRACK COURT-II AND MEMBER, ADDL. MACT, BELAGAVI AND ETC.,. 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 judgment and award dated 28.03.2012, passed by the Fast Track Court-II and Addl. MACT, Belagavi, in MVC No.2681/2010, so far as, its liability to pay compensation as well as questioning awarding interest at the rate of 9% p.a. 2. In the present case the offending vehicle is a goods auto rickshaw bearing No.KA-22/A-447. 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 - NC: 2025:KHC-D:206 MFA No. 23490 of 2012 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. 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. Hence, there is no fundamental breach. Hence the appeal is liable to be dismissed on this ground as there is no merit found on this ground raised by the appellant. 4. The tribunal has awarded interest at the rate of 9% p.a. on the compensation awarded. It is reduced to 6% p.a. Therefore, so far as reducing rate of interest, the appeal is liable to be allowed in part. Hence, I proceed to pass the following: ORDER i) The appeal is allowed in part. - 4 - NC: 2025:KHC-D:206 MFA No. 23490 of 2012 ii) The judgment and award dated 28.03.2012, passed by the Fast Track Court-II and Addl. MACT, Belagavi, in MVC No.2681/2010, is modified to the extent that the award amount shall carry interest at the rate of 6% p.a. from the date of petition till its realization. iii) The amount in deposit shall be transmitted to the tribunal. iv) No order as to costs. v) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD List No.: 2 Sl No.: 46