Karnataka High Court
New India Assurance Co., Ltd vs Sri. Ravindra S/O Panduranga ... on 21 July, 2022
Bench: P.Krishna Bhat
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MFA No. 22697 of 2010
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
MISCELLANEOUS FIRST APPEAL NO. 22697 OF 2010 (MV-I)
BETWEEN:
NEW INDIA ASSURANCE CO., LTD.,
THROUGH ITS DIVISIONAL MANAGER,
CLUB ROAD, BELGAUM,
REPRESENTED THROUGH ITS REGIONAL OFFICE,
UNITY BUILDING ANNEXE,
MISSION ROAD,
BANGALORE - 560 027,
REP. BY ITS DEPUTY MANAGER.
...APPELLANT
(BY SRI. NAGANGOUDA R. KUPPELUR, ADVOCATE)
AND:
1. SRI. RAVINDRA S/O PANDURANGA ANKOLEKAR
AGE: 44 YEARS, OCC: SERVICE,
R/O: B.K.KANGRALI, DIST: BELGAUM.
2. SRI. CHANDRAKANT S/O PARAPP GANDROLLI,
AGE: MAJOR, OCC: BUSINESS,
Digitally signed
by JAGADISH T R/O: AT POST: BADAKUNDRI,
R
Location: HIGH
COURT OF
TQ: HUKKERI, DIST: BELGAUM.
KARNATAKA,
DHARWAD ...RESPONDENTS
(BY SRI. K. B. NAIK AND V. K. NAIK, ADVOCATES FOR R1,
SRI KAPEEL S. MALAVI, ADVOCATE FOR R2)
THIS MFA FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, 1988, PRAYING THIS COURT TO CALL FOR THE
RECORDS CONNECTED WITH IN MVC.NO.1771/2008 BY II
ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MOTOR
ACCIDENTS CLAIMS TRIBUNAL, BELAGAVI EXAMINE THE SAME
AND SET ASIDE AWARD DATED 29.01.2010 IN THE INTEREST OF
JUSTICE.
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MFA No. 22697 of 2010
THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY. THE COURT DELIVERED THE FOLLOWING.
JUDGMENT
In this appeal, at the instance of the Insurance
Company, the legality of the directions in the award dated
29.01.2010 in MVC NO.1771/2008 by the II-Additional
District Judge & Additional MACT, Belagavi (for short
'MACT') pertaining to the correctness of liability fastened
by the learned MACT on the appellant- Insurance
Company to pay the compensation in respect of the injury
suffered in a Motor Vehicle accident involving in the
offending vehicle is called in question.
2. The brief facts are that the claimant-respondent
No.1 on 13.06.2008 was proceeding towards Narasingpur
in a Tempo Trax bearing registration No.KA-23/M-3716,
and on account of rash and negligent driving of the said
vehicle, it dashed against a tractor-trailer bearing
Registration No.CNL-4283/4284 near Varimasti Holi cross
resulting in grievous injuries to the claimant.
MFA No. 22697 of 2010
3. The Insurance Company contested the
proceeding by filing written statement.
4. During trial, claimant examined himself as PW1
and he examined one Dr. Siddappa Rachappa Angadi, as
PW1. Ex.P.1 to P14 were marked. Insurance Company
examined one of its officials as RW.3. Ex.R.1 and R2 were
marked for the respondent.
5. After hearing the learned counsel on both sides
and perusing the records, the learned MACT allowed the
claim petition in part awarding compensation of
Rs.2,10,500/- with the interest thereon at the rate of 6%
per annum from the date of the petition till the date of
payment and the liability to pay compensation was
fastened on appellant-Insurance Company.
6. Learned counsel for the appellant Insurance
Company strenuously contended that the offending vehicle
having been covered with an 'Act Policy' and the claimant
MFA No. 22697 of 2010
being an inmate of such a vehicle, the liability to pay
compensation for the injuries suffered by such an inmate
cannot be fastened on the Insurance Company and
therefore, the direction fastening the liability on the
Insurance Company is illegal and appeal, therefore, is
liable to be allowed.
7. Learned counsel for the respondent is not
present.
8. Ex.R1 is the Policy of Insurance issued by the
appellant-Insurance Company in respect of the offending
Tempo-Trax bearing registration No.KA-23/M-3716. I have
perused Ex.R.1. It is a 'private car policy "A" liability' only
meaning thereby, it is an "Act Policy". Law is well settled
by the decision of this Court in The Branch Manager,
The New India Assurance Co. Ltd., Vs. Magadev
Pandurang Patil and Another1 and further by the
decision of the Hon'ble Supreme Court in Jagtar Singh
ILR 2011 KAR 850 at paragraph 17
MFA No. 22697 of 2010
Alias Jagdev Singh Vs. Sanjeev Kumar and others2,
to the effect that when the vehicle is covered by "Act
Policy", the liability to pay compensation for the injuries
suffered or the death of inmate of such vehicle cannot be
fastened on the Insurance Company. In that view of the
matter, the directions in the impugned award to the extent
the liability is fastened on the appellant-Insurance
Company to pay the compensation awarded to the
claimant, who is an inmate of the offending vehicle
covered with Ex.R.1-Policy is illegal and accordingly it is
set-aside.
9. This appeal is allowed and the direction in the
impugned judgment and award dated 29.01.2010 in MVC
NO.1771/2008 by the II Additional District Judge &
Additional MACT, Belagavi is modified to the extent that
the appellant Insurance Company is exonerated from the
liability to pay the compensation directed thereon.
(2018) 15 SCC 189
MFA No. 22697 of 2010
Amount in deposit shall be refunded to the appellant-
Insurance Company.
Records shall be transmitted to the leaned MACT
forthwith.
Sd/-
JUDGE
SSP
