United India Insurance Co Ltd vs K Hema
2022 Latest Caselaw 9042 Kant

                             1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 17TH DAY OF JUNE, 2022

                       BEFORE

  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

           M.F.A.NO.2914 OF 2014 (MV-I)
                       C/W
           M.F.A.NO.9246 OF 2013 (MV-I)

IN M.F.A.NO.2914/2014:

BETWEEN:

HEMA K,
D/O KUMARASWAMY,
AGED ABOUT 13 YEARS,
SINCE MINOR REPRESENTED BY
NATURAL GUARDIAN MOTHER
SMT H S BHUVANESHWARI,
W/O KUMARASWAMY,
AGED ABOUT 39 YEARS,
R/O VADDARAHALLI VILLAGE,
KASABA HOBLI,
K R NAGAR TALUK,
MYSORE DISTRICT-570 054.                 ...APPELLANT

(BY SRI B.M.KENCHEGOWDA, ADV. FOR
 SRI V.N.MADHAVA REDDY )

AND:

  1. THE DIVISIONAL CONTROLLER,
     K.S.R.T.C ,MYSORE RURAL DIVISION,
     MYSORE-570 001.

  2. UNITED INDIA INSURANCE CO.LTD.,
     MOTOR DELORES BRANCH,
     NO.442/3/4, IIND FLOOR,
     CHAMARAJA DOUBLE ROAD,
                             2




       NEAR RAMASWAMY CIRCLE,
       MYSORE-570 024.                   ...RESPONDENTS

(BY SRI O MAHESH, ADV. FOR R2,
 SMT.H.R.RENUKA, ADVOCATE FOR R1)
                           ----
      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 8.8.2013 PASSED IN MVC
NO.1/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC &
MACT, K.R.NAGAR, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

IN M.F.A.NO.9246/2013:

BETWEEN:

UNITED INDIA INSURANCE CO. LTD.,
MOTOR DELORS BRANCH,
NO. 442/3/4, IIND FLOOR,
CHAMARAJA DOUBLE ROAD,
RAMASWAMY CIRCLE,
MYSORE-570024,
BY
REGIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
5TH FLOOR, KRISHI BHAVAN,
NRUPATHUNGA ROAD,
HUDSON CIRCLE,
BANGALORE-560027.
BY ITS MANAGER.                              ...APPELLANT

(BY SRI O MAHESH, ADV.)

AND:

  1. K HEMA,
     D/O KUMARASWAMY,
     AGED 16 YEARS,
     SINCE MINOR BY M/G
     SMT. BHUVANESHWARI,
     W/O KUMARASWAMY,
                                 3




     BOTH R/O VADDARAHALLI VILLAGE,
     KASABA HOBLI, K R NAGARA TQ.,
     MYSORE DIST-570001.

  2. THE DIVISIONAL MANAGER,
     K.S.R.T.C., MYSORE RURAL
     DIVISION, MYSORE-570001.                 ...RESPONDENTS

(BY SMT.H.R.RENUKA, ADV. FOR R2,
 R1 - SERVED)
                              ----
      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 08.08.2013 PASSED IN MVC
NO.01/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, MACT, K.R.NAGAR, AWARDING COMPENSATION OF
RS.1,00,000/- WITH INTEREST @ 8% P.A. FROM THE DATE OF
PETITION TILL REALIZATION.

     THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-


MFA NO.9246/2013

                       JUDGMENT

Heard Shri. O. Mahesh, learned counsel for the

appellant and Smt. H.R. Renuka, learned counsel for

respondent No.2. Though notice issued to respondent No.1

is served, she is unrepresented.

1. Appellant has filed the instant appeal

challenging the judgment and award dated 08.08.2013

passed by the Principal Civil Judge (Sr.Dn) and MACT,

K.R.Nagar in MVC No.1/2011 for the accident that occurred

on 06.08.2010 when the petitioner was traveling on the

bicycle to go to K.R.Nagar. On the Mysore-Hassan road, a

KSRTC bus bearing registration No.KA-17-F-1184 driven in

high speed dashed the bicycle which the petitioner was

riding. Petitioner fell down and sustained injuries. In

terms of the impugned judgment and award, Tribunal

awarded compensation of Rs.1,00,000/- along with

interest @ 8% per annum concluding that respondent No.2

insurance company has issued insurance policy covering

the risk.

2. The insurer has filed the instant appeal on the

premise that there is no insurance for the vehicle involved

in the accident is question. Hence, insurance company is

not liable.

3. Learned counsel for respondent No.2 would

fairly submit that vehicle involved in the accident was

insured as per the insurance policy issued by the Oriental

Insurance Company vide policy No.423100/31/2010/

13756, and not by the policy of appellant's insurance

company. According to the respondent, the policy was in

force from 26.02.2010 to 25.02.2011.

4. The copy of the insurance policy was filed

along with memo. Memo is placed on record. This Court

has perused the copy of the insurance policy.

5. From the policy it is apparent that the vehicle

involved in the accident is covered with an insurance policy

referred above.

6. The Tribunal has fastened the liability on the

appellant/insurance company on the basis of erroneous

admission and the written statement of respondent that

the policy was issued by the United India Insurance

Company in respect of the vehicle of respondent No.1.

Under the circumstances, this Court is of the opinion that

the Oriental Insurance company is necessary party and

without expressing anything on the validity or otherwise

insurance company, the appeal is allowed with a direction

to respondent No.1/claimant to implead the Oriental

Insurance Company necessary party to the proceedings

and the matter is remanded back to the Tribunal for afresh

adjudication in accordance with law.

7. It is made clear that since petition is filed in

the year 2011, the claimant/respondent No.1 shall appear

before the Tribunal on 15.07.2022 without awaiting

notice from the Tribunal and thereafter the

claimant/respondent No.1 shall take appropriate steps to

implead the Oriental Insurance Company as party to the

proceedings.

8. All the contentions kept open and no opinion is

expressed on the liability of the Oriental insurance

company.

MFA NO.2914/2014

JUDGMENT

Heard Shri. V.N. Madhava Reddy learned counsel for

the appellant, and Smt. H.R. Renuka, learned counsel for

respondent No.1 and Shri. O. Mahesh, learned counsel for

respondent No.2

1. The appellant has filed instant appeal

challenging the judgment and award dated 08.08.2013

passed by the Principal Civil Judge (Sr.Dn) and MACT,

K.R.Nagar in MVC No.1/2011. In terms of the impugned

judgment and award the Tribunal awarded compensation

of Rs.1,00,000/- along with interest @ 8% per annum.

2. The United India Insurance Company has

preferred the instant appeal before this Court in MFA

No.9246/2014 which is also heard along with this case. In

the said case, respondent No.2/Corporation has furnished

the copy of the insurance policy which was issued by the

Oriental Insurance Company wherein it is stated that the

Oriental Insurance Company has issued the insurance

policy in respect of the vehicle involved in the accident and

in the aforesaid case filed by United India Insurance

Company Ltd., this Court has allowed the appeal with a

direction to claimant/respondent No.1 to implead the

Oriental Insurance Company as party to the proceedings

and the matter is remanded back to the Tribunal for afresh

adjudication in accordance with law.

3. In view of the above facts, this Court has

allowed the appeal without expressing anything on merits.

4. It is made clear that as the petition is filed in

the year 2011, the claimant/respondent No.1 shall appear

before the Tribunal on 15.07.2022 without awaiting

notice from the Tribunal and thereafter the

claimant/respondent No.1 shall take appropriate steps to

implead the Oriental Insurance Company as party to the

proceedings.

5. All the contentions kept open and no opinion is

expressed on the liability of the Oriental insurance

company.

Hence, the following :-

ORDER

(i) Appeal is allowed in-part. The impugned

judgment and award dated 08.08.2013 passed by

the Senior Civil Judge-MACT K.R.Nagar, in MVC

No.1/2011 is set-aside.

(ii) The matter is remanded to the Senior Civil

Judge, MACT, K.R.Nagar and to decide the petition

afresh after issuing notice Oriental Issuance

Company.

(iii) The petition shall be decided on merits within a

period of six months from the date of receipt of copy

of this order.

     (iv)    No order as to cost.



                                                   Sd/-
                                                  JUDGE
HD