Smt Sumithra vs Cholamandalam Gen. Ins Co Ltd
2021 Latest Caselaw 5231 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 1ST DAY OF DECEMBER, 2021

                          PRESENT

        THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

                             AND

         THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

MISCELLANEOUS FIRST APPEAL NO.6203 OF 2018 (MV-D)

BETWEEN:

1.    SMT. SUMITHRA
      W/O. LATE ASHOK G.,
      AGED ABOUT 25 YEARS.

2.    KUM. GAGANYA
      D/O. LATE ASHOK G.,
      AGED ABOUT 10 YEARS.

3.    SRI GANGADHARAPPA
      S/O. DODDAGANGAPPA,
      AGED ABOUT 51 YEARS.

4.    SMT. ADILAKSHMAMMA
      W/O. GANGADHARAPPA,
      AGED ABOUT 43 YEARS.

5.    SMT. RAMANJANAMMA
      W/O. GANGADHARAPPA,
      AGED ABOUT 43 YEARS.

      APPELLANT NO.2 BEING MINOR
      REPRESENTED BY HER MOTHER NATURAL GUARDIAN,
      SMT. SUMITHRA, APPELLANT NO.1.

      ALL ARE RESIDING AT NARASAPURA VILLAGE,
      NAKKALAHALLI POST,
      GAURIBIDNUR TALUK,
      CHIKKABALLAPURA DISTRICT.
                                     2




       APPELLANT NO.1 IS ALSO RESIDING AT
       D/O. A.V. HALAPPA,
       LAKKASANDRA VILLAGE,
       HUDAGURU, GOWRIBIDANUR TALUK,
       CHICKBALLAPURA DISTRICT.
                                                         ... APPELLANTS

       (BY SRI VENKATARAMA REDDY V., ADVOCATE)

AND:

1.     CHOLAMANDALAM GEN. INS. CO. LTD.
       NO.135/5, II FLOOR,
       15TH CROSS, J.P. NAGARA III PHASE,
       BENGALURU-560 078.

2.     SRI ARMUGAM T.
       DOOR NO.352-2-162,
       RANIMOOKANOOR OPP WATER TANK,
       PAPPIREDDI PATTI,
       SO DHARMAPURI,
       TAMILNADU-636 905.
                                                       ... RESPONDENTS

       (BY SRI B. PRADEEP, ADVOCATE, FOR R-1;
           R-2 IS SERVED AND UNREPRESENTED)

                               ***

       THIS M.F.A IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES   ACT    AGAINST   THE     JUDGMENT     AND    AWARD    DATED
28-4-2018 PASSED IN M.V.C. NO.2083 OF 2016 ON THE FILE OF THE
X    ADDITIONAL   JUDGE,    COURT       OF   SMALL   CAUSES,   M.A.C.T.,
BENGALURU (SCCH-16), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.


       THIS M.F.A. IS COMING ON FOR ADMISSION, THROUGH VIDEO
CONFERENCING/PHYSICAL               HEARING            THIS        DAY,
P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:
                                     3


                            JUDGMENT

Sri Venkatarama Reddy, learned counsel for the

appellants, submits that the Tribunal has awarded

compensation and absolved the insurer on the premise that

the offending vehicle had permit to ply within the State of

Tamil Nadu, but the accident has taken place in Karnataka.

He further submitted that this issue is covered by the

decision of the Hon'ble Supreme Court in the case of RANI

AND OTHERS v. NATIONAL INSURANCE COMPANY

LIMITED AND OTHERS reported in (2018) 8 SCC 492, in

terms of which, insurer is liable to satisfy the award with

liberty to recover from the owner of the offending vehicle.

This position of law is not disputed by

Sri B. Pradeep, learned counsel for respondent No.1.

2. Learned counsel for the appellants submits that

the appellants would be satisfied, if the insurer is held liable

to pay and recover.

In view of the above, the appeal is allowed. Award is

modified holding that the insurer is liable to satisfy the

award with liberty to recover the award amount from the

owner of the offending vehicle by executing the decree in

this proceeding.

Sd/-

JUDGE

Sd/-

JUDGE

kvk