ORAL JUDGMENT

This appeal is by the owner of Auto-rickshaw bearing registration No.KA-29/7611 challenging the saddling of liability on him by the Tribunal, [Member, MACT-III, Bagalakot] in its judgment and award dated 22.01.2013 in MVC No.444/2011.

2. Learned counsel Sri. H.M. Dharigond for the appellant/owner of the vehicle in question submits that the Tribunal has committed an error in saddling the liability on the appellant/owner on the ground that the driver-cum-owner of Auto-rickshaw was not holding driving license to drive LMV (Transport). He further submits that owner-cum-driver of the auto-rickshaw was having driving license to drive LMV (non- transport) and the weight of the vehicle is less than 7500 kgs, therefore, the said issue is covered by decision of the Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited, [AIR 2017 SC 3668]. He also submits that the Tribunal has further recorded a finding that the accident took place near Aihole-Sulebhavi village, which is beyond permit limits and saddled the liability on the owner of the auto- rickshaw. He further submits that Ex.R5-Permit clearly indicates that the owner-cum-driver can ply the vehicle 16