The Branch Manager vs Helen
2022 Latest Caselaw 3251 Kant

                           1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 24th DAY OF FEBRUARY 2022

                        BEFORE

        THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

              MFA No.6192 OF 2010 (MV)

BETWEEN
THE BRANCH MANAGER,
ORIENTAL INSURANCE CO.LTD.,
NO.663, 1ST FLOOR,
1ST MAIN, DEFENCE COLONY,
100 FEET ROAD,
INDIRANAGAR, 1ST STAGE,
BANGALORE - 560 038
BY
ORIENTAL INSURANCE CO.LTED.,
REGIONAL OFFICE NO.144,
NO.44/45, LEO SHOPPING COMPLEX,
RESIDENCY CROSS ROAD,
BANGALORE - 560 025,
BY ITS MANAGER.
                                        ... APPELLANT
(BY SRI O. MAHESH, ADVOCATE)

AND

1.     HELEN,
       AGED ABOUT 42 YEARS,
       W/O LATE VIJAY D'SOUZA,

2.     MARIYA V.,
       AGED ABOUT 23 YEARS,
       D/O LATE VIJAY D'SOUZA,
                            2


3.   V. PRADEEP D'SOUZA,
     @ V. PRADEEP,
     AGED ABOUT 21 YEARS,
     S/O LATE VIJAY D'SOUZA.

     ALL ARE R/AT NO.22,
     3RD CROSS, MUNESHWARANAGAR,
     SHAMPUR MAIN ROAD,
     ARABIC COLLEGE POST,
     BANGALORE - 560 045.

4.   MANU SETHI,
     MAJOR,
     S/O B.M. SETHI,
     NO.1252, 19TH MAIN,
     HRBR LAYOUT,
     BANGALORE

5.   MS. THAVAMANI,
     NO.61, 4TH CROSS,
     RAT COLONY,
     VENKATESHPURAM,
     BANGALORE - 560 045.
                                    ...RESPONDENTS
(BY SMT. G.K. SREEVIDYA, ADVOCATE FOR
  SRI T.N. VISWANATHA, ADVOCATE FOR R1-3;
 R4-R5 SERVICE HELD SUFFICIENT)


     THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
22.02.2010. PASSED IN MVC NO.5957/2008 ON THE FILE
OF THE XII ADDITIONAL SMALL CAUSE JUDGE, COURT OF
SMALL CAUSES-15, MACT, BANGALORE, AWARDING A
COMPENSATION OF RS.5,30,600/- WITH INTEREST @ 6%
P.A. FROM THE FROM THE DATE OF PETITION TILL
REALIZATION.
                            3



     THIS APPEAL COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

This appeal is at the instance of the insurance

company calling in question the correctness of the

judgment and award dated 22.02.2010 in MVC

No.5957/2008 passed by XIII Additional Small Cause

Judge and Member, MACT, Bengaluru.

2. The principal contention advanced by the

learned counsel for the appellant-insurance company

is that the charge-sheet was filed against the driver of

the offending vehicle for the offence punishable under

Section 3(1) of the Motor Vehicles Act, 1988 namely

the vehicle was plying without permit.

3. However, in view of the recent ruling of the

Hon'ble Apex Court in Rani & Ors. Vs. National

Insurance Company Ltd. & Ors. reported in

(2018) 8 SCC 492 and Amrit Paul Singh & Anr. Vs

Tata AIG General Insurance Co. Ltd., & Ors

reported in AIR 2018 SC 262, the said contention

will not hold water and appropriate directions to be

issued in this case is for the insurance company to

deposit the award amount along with the interest

payable thereon in the first instance and thereafter,

recover the same from respondent No.4 - Sri. Manu

Sethi in the same proceedings.

The above appeal is disposed of accordingly.

Amount in deposit shall be transmitted to the

learned MACT along with the records forthwith.

Sd/-

JUDGE

MBM