- 1 - HC-KAR NC: 2025:KHC-D:9150 MFA No. 102929 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102929 OF 2014 (MV-I) BETWEEN: THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, SHESHADRIPURAM, THROUGH ITS DIVISIONAL OFFICE, HUBBALLI, ENKAY COMPLEX KESHAWAPUR, HUBBALLI, REPRESENTED THROUGH ITS REGIONAL OFFICE, SUMANGALA COMPLEX, 2ND FLOOR, SATATION ROAD, HUBBALLI, REP. BY ITS DEPUTY MANAGER. … APPELLANT (BY SRI. NAGANGOUDA R. KUPPELUR, ADVOCATE) AND: 1. MAHESH S/O GANGAPPA @ GANGADHAR ASUTI, AGE: 33 YEARS, OCC: SERVICE AND FACTOR LABOUR, R/O: MIG 72, GANDHINAGAR, GOKUL ROAD, HUBBALLI. 2. THE DIRECTOR, M/S SUPREME BEVERAGES (P) LTD., NO.1, ATR BUILDING OPP. BEML, THIPPESANDRA, POST: BENGALURU, (OWNER OF THE GOODS VEHICLE 407, NO.KA-03/C-3892). 3. SOMSHEKAR S/O KADLAPPA HOOGAR, AGE: MAJOR, OCC: BUSINESS, NEAR COCONUT, GARDEN, LBS NAGAR, MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.08.14 12:07:10 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9150 MFA No. 102929 of 2014 BENGALURU-17, (DRIVER OF THE GOODS VEHICLE 407, NO.KA-03/C-3892). … RESPONDENTS (BY SRI. ANKIT DESAI, ADVOCATE FOR SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR GPA HOLDER OF R1; R2-HELD SUFFICIENT; R3-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED: 03.05.2014, PASSED IN MVC NO.158/2008, ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDL. MACT., HUBLI, AND EXAMINE THE SAME. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for admission, with consent of learned counsel for the parties, it is taken up for final disposal. 2. MFA No.102929/2014 is filed by the Insurance Company challenging the judgment and award dated 03.05.2014 passed in MVC No.158/2008 on the file of III Additional Senior Civil Judge and Additional MACT, Hubli (for short, ‘the Tribunal’), questioning the liability fastened on it. - 3 - HC-KAR NC: 2025:KHC-D:9150 MFA No. 102929 of 2014 3. Heard the arguments and perused the material placed before the Court. 4. In the present case, the offending vehicle is Light Motor Vehicle (transport). The driver of 407 Goods vehicle bearing registration No.KA-03/C-3892 was holding driving licence to drive Light Motor Vehicle (non-transport). Therefore, it is hereby held that 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 Light Motor Vehicle (non-transport) can also drive the Light Motor Vehicle (transport). Hence, there is no ground urged by the Insurance Company. Therefore, the appeal filed by the Insurance Company is liable to be dismissed. 5. In the result, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC-D:9150 MFA No. 102929 of 2014 ORDER i) The appeal filed by Insurance Company is dismissed. ii) The judgment and award dated 03.05.2014 passed in MVC No.158/2008 on the file of III Additional Senior Civil Judge and Additional MACT, Hubli, stands modified. iii) The Insurance Company shall deposit the awarded amount before the Tribunal within a period of eight weeks from the date of receipt of a copy of this judgment. iv) The amount deposited by the appellant/Insurance Company, if any, shall be transmitted to the Tribunal. v) Send a copy of this judgment to the Tribunal. vi) No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 37