- 1 - HC-KAR NC: 2026:KHC:1087 MFA No. 8105 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 8105 OF 2018 (MV-I) BETWEEN: NATIONAL INSURANCE COMPANY LTD BENGALURU DIVISION I THIRD FLOOR, UNITY BUILDING ANNEX NO.72, MISSION ROAD P B NO.2701 BENGALURU-560027 BY ITS MANAGER …APPELLANT (BY SMT. RENUKA H R.,ADVOCATE) AND: 1. IGNESHAMMA W/O NELSON AGED ABOUT 35 YEARS R/O KALENA AGRAHARA VILLAGE CHURCH STREET, SOS BANNERGHATTA ROAD BENGALURU-560076 2. SAGAY MARY W/O SAMES VINCENT ADULT NO.380, CHIKKMANAHALLI ROAD HOMMDEVANAHALLI NEAR GOTTEIGERE POST BENGALURU-560083 …RESPONDENTS (BY SRI. A DHANANJAYA.,ADVOCATE FOR R1) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1087 MFA No. 8105 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.06.2018 PASSED IN MVC NO.554/2016 ON THE FILE OF THE 10TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU (SCCH-16), AWARDING COMPENSATION OF RS.1,55,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALISATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT 1. The present appeal is filed by the insurer challenging the judgment and award dated 30.06.2018 passed in MVC No.554/2016 by the 10th Additional Judge, Court of Small Causes, MACT, Bengaluru (SCCH-16)1, whereunder the Tribunal has awarded a total compensation of `1,55,000/- along with interest at 9% pa. 2. The sole ground on which the insurer has filed the present appeal is that the finding of the Tribunal holding the insurer liable to pay the compensation is erroneous inasmuch as the insured vehicle was a Maxicab and the driver had a driving licence to drive a Light Motor Vehicle (non transport). 1 hereinafter referred to as 'Tribunal' - 3 - HC-KAR NC: 2026:KHC:1087 MFA No. 8105 of 2018 3. The Hon'ble Supreme Court in the case of MUKUND DEWANGAN VS ORIENTAL INSURANCE COMPANY LTD.2, has held that Light Motor Vehicle would include a transport vehicle whose gross vehicle weightage does not exceed 7500 kgs. 4. In the present case, admittedly, gross weight of the insured vehicle does not exceed 7500 kgs. 5. In view of the above, no ground is made out to interfere with the finding of the Tribunal on liability. Accordingly, the above appeal stands dismissed. 6. The amount deposited by the appellant shall be transmitted to the Tribunal for disbursement in terms of the award of the Tribunal. Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 11 2 (2017)14 SCC 663