National Insurance Co. Ltd vs Shivappa Mallappa Channanavar
2022 Latest Caselaw 5464 Kant

                             IN THE HIGH COURT OF KARNATAKA,
                                      DHARWAD BENCH

                           DATED THIS THE 25TH DAY OF MARCH, 2022

                                              BEFORE

                       THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

                                M.F.A. NO.24896 OF 2013 (MV-I)

                      BETWEEN:
                          NATIONAL INSURANCE CO. LTD.,
                          BY IS AUTHORISED SIGNATORY,
                          THROUGH DIVISIONAL MANAGER
                          NATIONAL INSURANCE CO. LTD.,
                          MAHAVEER CHAMBERS, ASHOKNAGAR NIPPANI,
                          NOW R/BY ITS DY. MANAGER,
                          REGIONAL OFFICE, HUBLI
                                                              ... APPELLANT
                      (BY SRI. RAJASHEKHAR S.ARANI, ADVOCATE)

                      AND:
                      1. SHIVAPPA MALLAPPA CHANNANAVAR,
                         AGE: 62 YEARS, OCC: AGRICULTURE
                         R/O. NADI INGALGOAN, TQ: ATHANI,
                         DIST: BELGAUM

                      2.   PRAKASH SHIVAPPA CHANNANAVAR,
                           AGE: MAJOR, OCC: AGRICULTURE,
                           R/O. NADI INGALGOAN, TQ: ATHANI,
J                          DIST: BELGAUM
MAMATHA
                                                            ...RESPONDENTS
Digitally signed by   (RESPONDENT NOS.1 AND 2 SERVED & UNREPRESENTED)
J MAMATHA
Location: Dharwad
Date: 2022.04.01
11:04:45 +0530
                           THIS MFA IS FILED U/S. 173(1) OF MV ACT, 1988
                      AGAISNST THE JUDGMENT & AWARD DATED 02.09.2013,
                      PASSED IN MVC NO.2633/2011 ON THE FILE OF THE PRL.
                      CIVIL JUDGE & ADDL. MACT, ATHANI, AWARDING THE
                      COMPENSATION OF RS.72.500./- WITH INTEREST AT THE
                      RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS
                      PAYMENT.
                              -2-




                                     MFA No. 24896 of 2013


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

                         JUDGMENT

This appeal is filed by the Insurer challeng ing the

liability on the g round that there is a breach of permit

cond itions.

2. It is settled law that for a breach of permit

cond ition, the liability of the insurer would not stand

absolved in the light of the Judg ment rendered by the

Hon'ble Apex Court in the case of National Insurance

Co. Ltd., V. Challa Bharathamma and others

reported in (2004) 8 SCC 517.

3. In the light of the above judgment, there is

no merit in this appeal and the same is accord ingly

dismissed.

Sd/-

JUDGE Vnp*