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Judgment
Though the matter is listed for admission, it is taken- up for final adjudication.
This is a claimant''s appeal aggrieved by the judgment and award passed by the Tribunal whereby his claim petition though allowed with a compensation of Rs.3,66,998/-, liability is fixed on the owner of the vehicle on finding that the driver of the vehicle involved in the accident i.e., Jeep bearing Reg.No.KA-33-A-0658.
Heard both learned counsels and perused the impugned judgment and award.
From perusal of the impugned judgment, it emanates that the driver of the offending vehicle bearing No.KA-36/A-0658 possessed driving licence for light motor vehicle (non-transport) with effect from 29.07.2009 to 01.05.2025 and the Tribunal placing its reliance on the judgment of this Court reported in ILR 2015 KAR 2064 in the case of Mohammad @ Mohd. Haneef vs. Mallayya @ Mallappa and Another held that there was breach of condition of the policy and thus absolved the insurer of its liability to indemnify the owner of the offending vehicle.
Sri Basavaraj R. Math, learned counsel for the appellant/owner places reliance on the principle laid down by the Larger Bench of the Apex Court reported in AIR 2017 SC (Civil) 2531 in the case of Mukund Dewangan vs. Oriental Insurance Company Limited, wherein it is held :
"46(IV). The effect of amendment of Form 4 by insertion of "transport vehicle" is related only to the categories which were substituted in the year 1994 and the procedure to obtain driving licencee for transport vehicle of class of "light motor vehicle" continues to be the same as it was and has not been changed and there is no requirement to obtain separate endorsement to drive transport vehicle, and if a driver is holding licence to drive light motor vehicle, he can drive transport vehicle of such class without any endorsement to that effect."
In reply, Sri Subhash Mallapur, learned counsel for the respondent submits that Sub-Section 2 of Section 14 of the Motor Vehicles Act 1988, still remains unaltered and the driver since had not obtained licence to drive the transport vehicle, it is clear violation of the terms and condition of the policy. Moreover, a special leave petition filed in SLP No.27787/2017 is pending consideration before the Apex Court in respect of Mukund Dewangan (supra) and hearing date is also fixed.
However, for the present nothing is shown that the finding recorded in the Mukund Dewangan (supra) either is disturbed or stayed. In that view of the matter, as of now Mukund Dewangan (supra) governs the field. The consequence, it is not fatal for the insured that his driver did not possess transport endorsement on his licence to drive the jeep. The said vehicle weighing below 7500 kg. falls in the category of light motor vehicle within the description of Section 21(2) of the Motor Vehicle Act.
In view of the same, the impugned judgment needs to be interfered in so far absolving the insurer of its liability under its contract with the owner.
The appeal is allowed. The finding of the Tribunal in exonerating the insurance company of its liability from paying compensation to the claimant is set aside.
The respondent - Insurance Company is directed to deposit the compensation amount ordered by the Tribunal along with accrued interest before the Tribunal within three weeks from the date of receipt of certified copy of this judgment.
The appellant/owner is permitted to withdraw the statutory deposit made by him in the Registry.