Abbas S/O Sultan Mujawar vs Shri. Suresh S/O Balappa Asangi
2023 Latest Caselaw 4199 Kant

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                                              NC: 2023:KHC-D:6957
                                                MFA No. 23323 of 2011




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 10TH DAY OF JULY, 2023

                                     BEFORE

                      THE HON'BLE MRS. JUSTICE M.G.UMA

             MISCELLANEOUS FIRST APPEAL NO.23323/2011 (MV)

            BETWEEN:

            ABBAS S/O. SULTAN MUJAWAR ,
            AGE: 42 YEARS, OCCUPATION: MILK VENDOR,
            (NOW-NIL), R/O: NEAR VADAGEREPPAN DEVASTAN
            GUNDEWADI, TQ: ATHANI, BELGAUM.
                                                      ...APPELLANT
            (BY SRI SHRIHARSH A. NEELOPANT, ADVOCATE)

            AND:

            1.   SHRI. SURESH S/O. BALAPPA ASANGI,
                 AGE: MAJOR, OCC: BUSINESS,
                 R/O: TAJAPUR, TQ: AND DIST: BIJAPUR.

            2.  THE MANAGER, CHOLMANDALAM M.S. GENERAL
                INSURANCE COMPANY LTD., DARE HOUSE,
Digitally       2ND FLOOR, NO. 234, N.S.C, BOSE ROAD,
signed by
VINAYAKA        CHENNAI - 01, TAMIL NADU.
BV                                                    ...RESPONDENTS
            (BY SRI SUBHAS J. BADDI, ADVOCATE FOR R2;
            APPEAL AGAINST R1 IS DISMISSED)

                 THIS MFA IS FILED U/S 173(1) M.V. ACT, 1988, PRAYING
            TO SET ASIDE THE JUDGMENT AND AWARD DATED 07.12.2010
            PASSED IN MVC NO.843/2009 ON THE FILE OF FAST TRACK
            COURT-III AND AMACT, BELGAUM & ETC.

                THIS MFA, COMING ON FOR ADMISSION, THIS DAY, THE
            COURT DELIVERED THE FOLLOWING:
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                                              NC: 2023:KHC-D:6957
                                                MFA No. 23323 of 2011




                                  ORDER

Learned counsel for respondent No.2 submits that the

appeal against respondent No.1, the insured is already

dismissed. Under such circumstances, the appeal against

respondent No.2-insurer would not survive for consideration.

As per order dated 05.01.2020 the appeal against

respondent No.1 is already dismissed.

The insurance is a contract of indemnity, where the

insured is liable to pay compensation, the same is to be

indemnified by the insurer. When the claim against the insured

is already dismissed, the claim against the insurer would

automatically stands extinguished. Hence, the appeal against

respondent No.2 is also liable to be dismissed.

Accordingly, the appeal is dismissed.

SD/-

JUDGE BVV