The Karnataka High Court allowed an appeal filed u/s 173(1) of MV Act against the judgment and award dated 18.01.2012 passed by the Additional District Judge, partly allowing the claim petition for compensation and seeking enhancement of compensation. The Court observed that it is the case of the Insurance Company that as per the policy, they are only liable to pay an amount of Rs.6,000/- and no such policy was marked.
Brief Facts:
The case of the claimant is that on 19.08.2008 at about 3.00 p.m. while the claimant was proceeding in his Maruthi Omni car from Hassan's side to Palya to go to the farm, a Tanker lorry came in a rash and negligent manner and dashed against the claimant's Maruthi car, as a result of it, right side doors, door glasses and front glass are damaged and the car is completely damaged. The claimant had spent an amount of Rs.65,000/- towards repair charges and he was using the said car for his business purposes every day and he sustained a loss of Rs.1,00,000/-. He claimed compensation of Rs.2,00,000/-.
The Court below had held that the accident had taken place because of the negligence on the part of the vehicle insured and damages caused to the vehicle of the claimant as per the IMV report. However, as the policy was not marked by the claimant and it is the case of the Insurance Company, they are only liable to pay an amount of Rs.6,000/-. The Court below had considered their case and granted an amount of Rs.6,000/-.
Contentions of the Respondents:
The Learned Counsel for the Respondent submitted that it is the specific stand that they cannot pay more than Rs.6,000/- as they have not collected any extra premium for the damage to the third-party property and the Tribunal had rightly granted an amount of Rs.6,000/-.
Observations of the Court:
The Court noted that it is the case of the Insurance Company that as per the policy, they are only liable to pay an amount of Rs.6,000/- and no such policy was marked. The Court below observed that the claimant had not marked the policy and considering the case of the Insurance Company granted an amount of Rs.6,000/-.
The Court observed that the finding of the Tribunal is without any basis and without any evidence. Hence, this Court deems it appropriate to set aside the award and remand the matter back to the Trial Court. The respondent-Insurance Company shall produce a copy of the insurance policy.
The decision of the Court:
The Karnataka High Court, allowing the appeal, held that the matter is remanded back to the Tribunal without any further notice the parties shall appear before the Tribunal on 30.10.2023.
Case Title: Sri. Rame Gowda v. Sri. G. Balashankar & Anr.
Coram: Hon’ble Justice Lalitha Kanneganti
Case no.: MISCELLANEOUS FIRST APPEAL NO.9530 OF 2012(MV-D)
Advocate for the Appellant: Mr. S. P. Sathish
Advocate for the Respondent: Mr. E. I Sanmathi
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