Manager New India Assurance Co Ltd vs Smt A S Balkish Banu
2022 Latest Caselaw 11760 Kant

                                           -1-
                                                    MFA No. 6718 of 2012




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 12TH DAY OF SEPTEMBER, 2022

                                        BEFORE
                       THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                    MISCELLANEOUS FIRST APPEAL NO. 6718 OF 2012 (MV-)

               BETWEEN:

                   MANAGER
                   NEW INDIA ASSURANCE CO. LTD.,
                   COLLEGE ROAD, MADIKERI TOWN,
                   M.G.ROAD, MADIKERI-571 201
                   NOW REPTD. BY ITS
                   REGIONAL MANAGER
                   NEW INDIA ASSURANCE CO. LTD.,
                   REGIONAL OFFICE 2-B,
                   UNITY BUILDING, ANNEXE, P.KALINGA RAO ROAD,
                   BANGALORE-560 027
                                                          ...APPELLANT
               (BY SRI. A.N.KRISHNA SWAMY, ADVOCATE)

               AND:

               1.    SMT A.S. BALKISH BANU
                     W/O LATE SAJAVUDDIN
                     NOW AGED ABOUT 48 YEARS,
Digitally
signed by            R/A # 39, VIDYANAGARA,
PANKAJA S            MADIKERI TOWN, KODAGU DISTRICT
Location:
High Court
of Karnataka   2.    M.SAHAUL HAMEED
                     S/O MOHAMMAD
                     NOW AGED ABOUT 34 YEARS,
                     R/A # 78, RAJARAJESHWARI NAGAR,
                     MADIKERI TOWN
                                -2-
                                       MFA No. 6718 of 2012




3.   M ABDUL SADIQ
     S/O N.P.SHEKABBA
     NOW AGED ABOUT 26 YEARS,
     # 5/36-A, GANAPATHY STREET,
     MADIKERI TOWN

                                           ...RESPONDENTS
(R-1 TO R-3 SERVED)

     MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 06.03.2012 PASSED IN MVC
NO.03/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT,
MADIKERI, AWARDING A COMPENSATION OF Rs.58,000/-
WITH INTEREST @ 6% P.A. ON Rs.43,000/- FROM THE DATE
OF PETITION TILL DEPOSIT OR RECOVERY.

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

                            JUDGMENT

1. This appeal is by the Insurer challenging the award

of compensation of Rs.58,000/- to the claimant for the

injuries suffered by her.

2. The main contention of the Insurer is that the

offending vehicle did not possess a valid permit and the

driver of the said offending vehicle did not possess the

requisite endorsement to drive the vehicle. In short, it is

the case of the Insurer that it would not be liable to pay

compensation due to breach in the policy conditions.

MFA No. 6718 of 2012

3. In the light of the judgment of the Full Bench of this

Court in the case of NEW INDIA INSURANCE & CO.

LIMITED Vs. YALLAVA & OTHERS - 2020 (2) AKR

484, the Insurer would have to first satisfy the

compensation and thereafter, proceed to recover the same

from the owner of the offending vehicle. As a

consequence, the award of Rs.58,000/- to the claimant is

affirmed and it is held that the Insurer shall pay the same

to the claimant and thereafter, shall proceed to recover

the same from the owner of the offending vehicle. The

appeal is, therefore, dismissed.

4. The amount in deposit, if any, shall be transmitted to

the Tribunal for disbursement in terms of the award.

SD/-

JUDGE

PKS CT:AN