Karnataka High Court
M/S Icici Lombard General Insurance ... vs B P Chandrashekar on 19 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:15651
MFA No. 2840 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO. 2840 OF 2013 (MV)
BETWEEN:
M/S. ICICI LOMBARD GENERAL
INSURANCE COMPANY LIMITED,
NO.204, 1ST FLOOR,
MYTHRI ARCADE,
KANTHARAJ URS ROAD,
SARASWATHIPURAM,
MYSORE.
REP. BY ITS MANAGER-LEGAL.
...APPELLANT
(BY SRI. A.M.VENKATESH., ADVOCATE)
AND:
1. B.P.CHANDRASHEKAR
AGED ABOUT 35 YEARS,
S/O PARAMESWARAIAH,
C/O B.M.SREEPATHY,
Digitally signed by
THEJASKUMAR N R/AT LIG NO.115,
Location: HIGH R.S.NAIDU NAGAR,
COURT OF MYSORE-570 001.
KARNATAKA
2. MANJUNATH.A.S.
AGED ABOUT 29 YEARS,
S/O LATE SIDDASHETTY,
R/AT ACHAPPANA KOPPALU VILLAGE,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT-571 401.
3. YOGANNA.B
S/O BASAVEGOWDA,
MAJOR,
ARALAKUPPE VILLAGE,
-2-
NC: 2024:KHC:15651
MFA No. 2840 of 2013
PANDAVAPURA TALUK,
MYSORE DISTRICT-570 001.
(OWNER OF TRACTOR NO.KA-11/T-9691).
4. SRIKANTEGOWDA
S/O SHIVANNEGOWDA,
MAJOR,
R/AT ELEKERE VILLAGE,
PANDAVAPURA TALUK,
MANDYA DISTRICT-571 401.
(ONWER OF TRAILOR NO.KA-11/T-9100).
...RESPONDENTS
(R1 TO R4-SERVED AND UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:18.01.2013
PASSED IN MVC NO.1416/2011 ON THE FILE OF THE
PRESIDING OFFICER, FAST TRACK COURT-IV, ADDITIONAL
MACT, MYSORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.A.M.Venkatesh., learned counsel for the appellant has
appeared in person.
2. Notice to respondents was ordered on19.04.2013. A
perusal of the office note depicts that respondents are served
and unrepresented. They have neither engaged the services of
an advocate nor conducted the case as party in person.
NC: 2024:KHC:15651
3. For the sake of convenience, the parties are
referred to as per their status and rankings before the Tribunal.
4. The brief facts are these:
On the Twenty-eighth day of March 2010 at about 9:45
am., the claimant was going on his Hero Honda Splendor
motorbike bearing Registration No.KA-55/H-7068 at Kanave
Koppal Cross, K.R.Pet. It is said that his friend Babu was also
going on another bike. It is contended that a Tractor bearing
Registration No.KA-11/T-9691 and Trailer bearing Registration
No.KA-11/T-9100 came in a rash and negligent manner and hit
the claimant's bike. Due to the impact, the claimant sustained
injuries and spent huge amount towards medical expenses.
Contending that he is entitled for compensation, the claimant
filed a Claim Petition.
In response to the notice, respondents 1 to 3 did not
appear before the Tribunal and hence, they were placed ex-
parte. Respondents 4 and 5 appeared through their counsel and
filed statement of objections denying the petition averments.
Among other grounds, they prayed for dismissal of the Claim
Petition.
NC: 2024:KHC:15651
Based on the above pleadings, the Tribunal framed
issues, parties led evidence and marked the documents. The
Tribunal vide Judgment dated:18.01.2013 partly allowed the
Claim Petition and awarded compensation of Rs.1,15,000/-,
dismissed the claim petition against respondent No.5 Insurance
Company and directed the respondents 1 and 2 to satisfy 50%
of the compensation and respondents 3 and 4 to satisfy
another 50% of the compensation. Respondent No.4 - I.C.I.C.I
Lombard General Insurance Company Limited has assailed the
Judgment of the Tribunal in this appeal on several grounds as
set-out in the Memorandum of appeal.
5. Learned counsel for the appellant has urged several
contentions.
Learned counsel relied upon the decision of the Apex
Court in DHONDUBAI VS. HANMANTAPPA BANDAPPA
GANDIGUDE SINCE DECEASED THROUGH HIS LRS. &
OTHERS reported in 2023 LIVE LAW (SC) 725 to contend
that both the Tractor and Trailer are required to be insured. He
argued by saying that in the present case, the Trailer was
insured and Tractor was not insured. Hence, he submits that
NC: 2024:KHC:15651
fastening the liability on the Insurance Company is
unsustainable in law.
Heard, the contentions urged on behalf of the appellant
and perused the appeal papers and also the records with
utmost care.
6. The point that requires consideration is whether the
Tribunal is justified in fastening the liability on the ICICI
Lombard General Insurance Company Limited.
7. The facts are sufficiently stated and do not require
reiteration. Suffice it to note that the accident occurred
28.03.2010 and claimant sustained injuries in the accident. The
Tractor - Trailer is involved in the accident. Suffice it to note
that the Trailer was insured and the Tractor was not insured.
The claimant contends that a Trailer bearing Registration
No.KA-11-T-9100 was involved in the accident. The claimant
has not stated the correct registration number of the Trailer in
the claim petition. A perusal of the Policy of a Trailer (Ex.R.3)
reveals that the registration number is KA-11-T-9099. Though
the Tractor was not insured, the Tribunal erroneously concluded
that since a Trailer is insured with the ICICI Lombard General
Insurance Company fastened 50% of the liability on the said
NC: 2024:KHC:15651
Insurance Company. This is unsustainable in law. In view of the
decision referred to supra, both the Tractor and a Trailer are
required to be insured. In the present case, the Tractor was not
insured. Hence, fastening liability on the ICICI Lombard
General Insurance Company Limited is unsustainable in law.
8. For the reasons stated above, the Judgment
dated:18.01.2013 passed by the MACT, Mysore in
M.V.C.No.1416/2011 in so far as fastening the liability on the
fourth respondent Insurance Company is liable to be set-aside.
Accordingly, it is set-aside. The ICICI Lombard General
Insurance Company Limited is exonerated from its liability to
pay the compensation.
9. Resultantly, the Miscellaneous First Appeal is
allowed.
The Registry concerned is directed to refund the amount
in deposit if any to the Insurance Company after due
identification.
Sd/-
JUDGE
TKN
