The Divisional Manager vs Mallappa S/O Fakkirappa Kallagudi
2024 Latest Caselaw 9460 Kant

Karnataka High Court

The Divisional Manager vs Mallappa S/O Fakkirappa Kallagudi on 1 April, 2024

                                               -1-
                                                              NC: 2024:KHC-D:5950
                                                       MFA No. 100808 of 2024




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 1ST DAY OF APRIL, 2024

                                             BEFORE
                          THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                    MISCELLANEOUS FIRST APPEAL NO. 100808 OF 2024 (MV-I)

                   BETWEEN:

                   THE DIVISIONAL MANAGER,
                   UNITED INDIA INSURANCE COMPANY
                   LIMITED, DIVISIONAL OFFICE,
                   OPP. KALABHAVAN PB ROAD, DHARWAD,
                   REPRESENTED THROUGH
                   ITS AUTHORIZED SIGNATORY,
                   DIVISIONAL MANAGER.

                                                                     ...APPELLANT
                   (BY SRI. SHARNAPPA S. KOLIWAD, ADVOCATE)

                   AND:

                   1.   MALLAPPA S/O. FAKKIRAPPA KALLAGUDI,
                        AGE: 59 YEARS, OCC: AGRICULTURE,
                        R/O. SORATUR, TQ AND DIST: GADAG,
                        PIN-582101.
Digitally signed
by ROHAN           2.   SHARANAPPA MAHALINGAPPA BOLANAVAR,
HADIMANI T
Location:               AGE: 42 YEARS, OCC: AGRICULTURE,
HIGH COURT              R/O. SORATUR, TQ AND DIST: GADAG,
OF
KARNATAKA               PIN-582101.
                                                                  ...RESPONDENTS

                        THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
                   THE MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE
                   RECORDS CONNECTED WITH MVC NO.314/2013 PASSED BY IN THE
                   COURT OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG,
                   EXAMINE THE SAME AND SET ASIDE THE AWARD DATED 17.10.2023
                   AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE.

                         THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY
                   APPLICATION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                                      -2-
                                                       NC: 2024:KHC-D:5950
                                              MFA No. 100808 of 2024




                                JUDGMENT

1. This appeal is filed by Insurance Company

challenging the judgment and award dated 17.10.2023 passed

in MVC.No.314/2013 by the Additional District and Sessions

Judge, Gadag (for short the Tribunal).

2. Heard Sri.S.S.Koliwad, learned counsel for the

appellant/Insurance Company.

3. Sri.S.S.Koliwad, learned counsel appearing for the

appellant/Insurance Company submits that the present appeal

is filed by Insurance Company challenging the judgment and

award passed by the Tribunal insofar as directing the

appellant/Insurance Company to pay sum of Rs.75,000/- along

with interest at 8% p.a. and recover the same from the owner

of the vehicle. He seeks to allow the appeal.

4. This Court, perused the finding recorded by the

Tribunal with regard to direction to pay and recovery the said

amount from the owner of the vehicle. This Court does not find

any error in the aforesaid finding of the Tribunal and they are in

consonance with law laid down by Hon'ble Supreme Court in

the case of Shamanna and another V/s. Deputy Manager,

NC: 2024:KHC-D:5950

Oriental Insurance Company and others, reported in AIR

2018 SC 3726.

5. In view of enunciation of law laid down by the

Hon'ble Supreme Court, I do not find any merit in the appeal.

Accordingly, the appeal is dismissed.

6. In view of disposal of the appeal, pending interim

application, if any does not survive for consideration.

7. The registry shall transmit the amount in deposit, if

any to the Tribunal forthwith.

Sd/-

JUDGE

VB Ct-an