Karnataka High Court
United India Insurance Co. Ltd vs Ningappa S/O. Nagangouda Patil on 19 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14876
MFA No. 20055 of 2013
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.20055/2013(MV)
BETWEEN:
UNITED INDIA INSURANCE CO. LTD.,
SRINIVAS TALKIES, 1ST FLOOR, DHARWAD,
REPD. THROUGH ITS DIVISIONAL OFFICE,
ANKOLA ARCADE, P.B. ROAD, DHARWAD,
REPD. BY ITS DIVISIONAL MANAGER,
DR.P.M. KULKARNI.
...APPELLANT
(BY SMT. PREETI SHASHANK AND
SRI SHASHANK HEGDE, ADVOCATES)
AND:
1. NINGAPPA S/O. NAGANGOUDA PATIL,
AGED ABOUT 22 YEARS, OCC: BAR BENDING,
R/O: JODALI, KALAGHATAGI,
TALUK AND DIST: DHARWAD.
Digitally
signed by 2. HANUMANTAPPA S/O. YALLAPPA GUDADANI,
SUJATA
SUBHASH AGED ABOUT 37 YEARS, OCC: BUSINESS,
PAMMAR R/O: KANAVI-HONNAPUR,
TQ: AND DIST: DHARWAD.
...RESPONDENTS
(BY SRI B.S.SANGATI, ADVOCATE FOR R1;
R2 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, PRAYING TO
CALL FOR THE RECORDS CONNECTED WITH MVC NO.697/2011 ON
THE FILE OF COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE
AND MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD, EXAMINE
THE SAME AND SET ASIDE THE AWARD DATED 17.08.2012 AS
AGAINST THE APPELLANT.
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NC: 2023:KHC-D:14876
MFA No. 20055 of 2013
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the insurance company
questioning the liability fastened on it.
2. The occurrence of accident and injuries sustained by
the claimant are not in dispute in this case. The disputed
fact is whether the insurance company is liable to
indemnify and pay the compensation or not is a question
before this court in the appeal.
3. Heard the arguments and perused the material
placed before the Court.
4. In the present case, the tribunal while awarding
compensation has fastened the liability on the appellant-
insurance company. Admittedly, the claimant is a pillion
rider on the motor cycle bearing No. KA-25/K-5525. From
the evidence on record, it is proved that claimant was
NC: 2023:KHC-D:14876
pillion rider on the motor cycle. Admittedly, Ex.R2-
insurance policy is a Act policy/Liability only policy.
5. In this regard, the issue involved in this matter is no
more res-integra in view of the order of this Court
(Kalaburagi Bench) in the case of Divisional Manager,
United India Insurance Company Limited and others
Vs.Shamaraya and others in MFA No.31781/2010
and connected matters dated 22.12.2020.
6. Therefore, the appellant-insurance company is not
liable to pay compensation. The respondent No.2-owner
of the motorcycle bearing No. KA-25/K-5525 is liable to
pay compensation to the claimant.
7. Hence, I proceed to pass the following:
ORDER
i) Appeal filed by the insurance company is
allowed.
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ii) The Judgment and award passed in MVC
No.697/2011 dated 17.08.2012 passed by the Prl.
District and Sessions Judge and MACT., Dharwad is
modified by holding that the respondent No.2-
owner of the motorcycle bearing No. KA-25/K-5525
is liable to pay compensation to claimant.
iii) No order as to costs.
iv) Registry is directed to transmit the amount
in deposit made by the insurance company to
Tribunal along TCR and with copy of this order
forthwith. Refund the deposited amount to the
appellant.
v) No order as to costs.
vi) Draw award accordingly.
SD/-
JUDGE
HMB
CT-ASC
