Karnataka high court bails out vehicle owner, asks insurer to compensate

BENGALURU: The licence to drive a light motor vehicle like a car can also be used for transport vehicles, the high court said. It absolved a pickup van owner of the liability to pay around Rs 3.5 lakh compensation with 6% interest to a motorcyclist.
Instead, United India Insurance Company has been directed to pay the amount to the claimant, K Babi, a resident of Bangady village in Belthangady taluk of Dakshina Kannada district.
Justice HT Narendra Prasad said in view of the Supreme Court’s ruling in the Mukund Dewangan case, the insurance company is liable to pay the compensation.
In the Dewagan case, the apex court said the licence to drive light motor vehicles also includes that for transport vehicles. Though the judgment has been referred to a larger bench, the same still holds ground, the judge noted in his order.
On July 25, 2014, Babi was seriously injured when the pickup van hit his motorcycle near Anugraha Church in Ujjire, Dakshina Kannada district. Babi sustained deep abrasions on the left side of his forehead and below the right eye, injuries on his right shoulder and the tip of his little finger.
After treatment at Ujjire and Mangaluru hospitals, he filed a petition before the motor accident claims tribunal at Belthangady. On January 23, 2016, the tribunal directed Chennakeshava, a resident of Chikkamagaluru and owner of the pickup van involved in the accident, to pay Babi around Rs 3.5 lakh with 6 per cent interest.
Chennakeshava challenged this before the high court. According to him, the tribunal was not justified in making the owner liable on the ground that the driver only had a licence to drive an LMV, and not a transport vehicle.