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IN THE HIGH COURT OF KARNATAKA AT BENGALURU (DHARWAD BENCH)
P.S. Dinesh Kumar, S. Vishwajith Shetty, JJ.
Divisional Manager Oriental Insurance Company Ltd Divisional Office, Authorized Signatory - Appellant
Versus
Janaki - Respondent
Miscellaneous First Appeal No. 102580 of 2019
Decided On : 02-09-2020
Insurance - Motor Vehicle Accident - Endorsement on Driver's License - Loss of Dependency Calculation
Fact of the Case:
The insurer appealed a judgment and award regarding a motor vehicle accident. The grounds for appeal were the absence of endorsement on the driver's license to drive a non-transport vehicle and the failure to deduct the income tax component from the deceased's income when computing loss of dependency.
Finding of the Court:
The court found that the absence of endorsement on the driver's license did not absolve the insurer of liability, citing the precedent set in Mukund Dewangan vs. Oriental Insurance Company Limited. Additionally, the court noted that the income of the deceased was not taxable based on the salary certificate and Form-16 of income tax.
Issues: The issues raised were the endorsement on the driver's license and the computation of loss of dependency without deducting the income tax component.
Ratio Decidendi: The court relied on the legal principle established in the precedent case to hold the insurer liable despite the absence of endorsement on the driver's license. Additionally, the court considered the evidence of the deceased's non-taxable income in its decision.
Final Decision: The appeal was dismissed, and the amount in deposit was to be transmitted to the tribunal for disbursement in accordance with the law. No costs were awarded.
JUDGMENT
P.S.Dinesh Kumar, J. - In this appeal, insurer has challenged judgment and award dated 27.11.2018 passed in MVC No.217/2017, on the f i le of Senior Civi l Judge and MACT, Gangavathi.
2. Heard Smt.Anusha V. Sangami, learned advocate for insurer and Shri G.R.Turamari , learned advocate for claimants.
3. Smt.Anusha for the insurer has urged following two grounds in support of this appeal .
* Licence of the driver of of fending vehicle does not contain endorsement to drive non transport vehicle; and
* Whi le computing loss of dependency, tribunal has not deducted income tax component from the income of the deceased.
4. So far as the f irst contention with regard to endorsement on l icence to drive non transport vehicle is concerned, the issue is no more res integra and covered in Mukund Dewangan vs. Oriental Insurance Company Limi ted, (2017) AIR SC 3668 . The insurer cannot be absolved of it's l iabi lity for want of said endorsement.
5. The second contention is with regard to income tax component. Learned advocate for the insurer on instruction submitted that on perusal of the salary certi f icate and Form-16 of income tax, insurer is satisfied that income of deceased was not taxable.
6. In the circumstances, both grounds urged on behal f of appel lant-insurer fai l. Accordingly this appeal is dismissed .
7. Registry shal l transmit the amount in deposit to the tribunal for disbursement in accordance with law.
No costs.
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