United India Insurance Co.Ltd vs Ramakrishna
2022 Latest Caselaw 12444 Kant

                             1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 13TH DAY OF OCTOBER, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

                 M.F.A.No.5626/2017 (MV-I)

BETWEEN:

UNITED INDIA INSURANCE CO. LTD.,
ITS REGIONAL OFFICE
5TH & 6TH FLOORS, KRUSHI BHAVAN
HUDSON CIRCLE, BENGALURU-560001
REP. BY ITS DEPUTY MANAGER.                  ... APPELLANT

(BY SRI JANARDHAN REDDY, ADVOCATE)

AND:

1.     RAMAKRISHNA
       S/O CHIKKA AKKALLAPPA
       AGED ABOUT 31 YEARS
       R/A NO.24, MASALAHALLI VILLAGE
       CHINTAMANI TOWN
       CHIKKABALLAPURA-563125

2.     KRISHNAMACHARI
       S/O THIRUPATHACHARI
       NNT ROAD, CHINTAMANI
       CHINTAMANI TALUK
       CHIKKABALLAPUR DISTRICT-563125
       (OWNER OF THE TATA ACE NO.KA-43-2008)
                                         ... RESPONDENTS

(BY SRI SURESH M. LATUR, ADVOCATE FOR R1)
                                 2



       THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 17.04.2017
PASSED IN MVC NO.4909/2016 ON THE FILE OF THE III
ADDITIONAL SENIOR CIVIL JUDGE AND MACT, BANGALORE AND
ETC.


       THIS M.F.A. COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

This matter is listed for orders for taking steps against

respondent No.2 and the question involved in the matter is

with regard to the involvement of the vehicle in the alleged

accident is a Tata ACE light goods vehicle and in view of the

judgment of the Apex Court in the case of MUKUND

DEWAGAN VS ORIENTAL INSURANCE COMPANY

LIMITED reported in (2017) 14 SCC 663, the liability

cannot be exonerated on the Insurance Company. Hence, I

do not find any force in the contention of the learned

counsel for the appellant. Accordingly, the appeal is

dismissed.

2. The amount in deposit is ordered to be

transmitted to the Tribunal forthwith.

3. In view of dismissal of the main appeal, I.A, if

any, does not survive for consideration and the same

stands disposed of.

Sd/-

JUDGE

SN