Iffco-Tokio General Insurance ... vs S Ramesh S/O Srinivas
2022 Latest Caselaw 3159 Kant

                              1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 23RD DAY OF FEBRUARY, 2022

                          BEFORE

       THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

MISCELLANEOUS FIRST APPEAL NO.5158 OF 2011 (MV)


BETWEEN:

       IFFCO-TOKIO GENERAL INSURANCE CO. LTD.
       NO.41, II FLOOR,
       CRISTU COMPLEX,
       LAVELLE ROAD,
       BENGALURU-560 001.

       BY IFFCO TOKIO GENERAL INSURANCE CO. LTD.
       SRI SHANTHI TOWERS,
       5TH FLOOR, 3RD MAIN,
       NO.141, EAST OF NGEF LAYOUT,
       NEAR TIN FACTORY,
       KASTURINAGAR,
       BENGALURU-560 084,
       BY ITS MANAGER.
                                             ... APPELLANT

       (BY SRI O. MAHESH, ADV.)


AND:

1.     S. RAMESH
       S/O. SRINIVAS,
       AGED 21 YEARS,
       RESIDING AT NO.1019,
       GEETHANJALI LAYOUT,
       NEW THIPPASANDRA,
       OPP: BEML,
       BENGALURU-560 075.
                             2



2.   TANSNEEM BANU
     MAJOR,
     W/O. SHAHUAHAM,
     NO.604, KGN ENTERPRISES,
     8TH CROSS, A.C. COLLEGE POST,
     KUSHALANAGAR,
     BENGALURU-560 116.
                                          ... RESPONDENTS

     (BY: NOTICE TO R-1 IS HELD SUFFICIENT VIDE ORDER
           DATED 6-9-2016 AND NOTICE TO R-2 IS DISPENSED
           WITH VIDE ORDER DATED 11-3-2016)

                           ***

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE
JUDGMENT AND AWARD DATED 9-2-2011 PASSED IN M.V.C.
NO.1427 OF 2009 ON THE FILE OF THE JUDGE, MACT,
BENGALURU, AWARDING A COMPENSATION OF RS.1,41,312/-
WITH INTEREST @ 8% PER ANNUM FROM THE DATE OF PETITION
TILL DEPOSIT, EXCEPT ON FUTURE MEDICAL EXPENSES.

     THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                    JUDGMENT

This appeal is at the instance of the Insurance

Company calling in question the correctness of the

judgment and award dated 9-2-2011 in M.V.C. No.1427 of

2009 passed by the Motor Accident Claims Tribunal,

Bengaluru.

2. I have heard Sri O. Mahesh, learned counsel for

the appellant-Insurance Company. The respondents have

remained unrepresented.

3. Learned counsel for the appellant-Insurance

Company submits that the offending vehicle, i.e. auto-

rickshaw, did not have a valid permit to ply as on the date

of the accident and therefore, following the decisions of the

Hon'ble Supreme Court in AMRIT PAUL SINGH AND

ANOTHER v. TATA AIG GENERAL INSURANCE

COMPANY LIMITED AND OTHERS1 and in RANI AND

OTHERS v. NATIONAL INSURANCE COMPANY LIMITED

AND OTHERS2, the proper order to be passed is for the

Tribunal to issue directions to the insurer to pay the

award amount in the first instance and thereafter, recover

from the owner-insured in the same proceedings.

1 AIR 2018 SC 2662 2 (2018) 8 SCC 492

4. The Tribunal has noticed at paragraph No.21 of

the impugned judgment and award that auto-rickshaw

was holding valid permit from 18-7-2001 to 17-7-2006 as

per Ex.R.2. Accident took place on 5-12-2008. Therefore,

there is violation of policy condition by the insured in as

much as he plied the insured auto-rickshaw without

proper permit as on the date of the accident. In that view

of the matter, as per the decision of the Hon'ble Supreme

Court in the cases of AMRIT PAUL SINGH and RANI

supra, the appellant-Insurance Company is only liable to

pay the award amount with interest thereon in the first

instance and thereafter, entitled to recover the same from

the owner-insured of the offending vehicle in the same

proceedings. Accordingly, I pass the following

ORDER

i. Appeal is partly allowed by modifying the

direction in the award to the effect that the

appellant-Insurance Company shall in the first

instance pay the award amount with interest

thereon and recover the same from the owner-

insured in the same proceedings, and

ii. Amount in deposit shall be transmitted to the

Tribunal along with its records, forthwith.

Sd/-

JUDGE

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