The United India Insurance Co. Ltd vs Marlingappa And Anr
2024 Latest Caselaw 19343 Kant

Karnataka High Court

The United India Insurance Co. Ltd vs Marlingappa And Anr on 1 August, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                              -1-
                                                         NC: 2024:KHC-K:5562
                                                     MFA No. 201479 of 2018




                             IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                           DATED THIS THE 1ST DAY OF AUGUST, 2024

                                           BEFORE

                         THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                        MISCL. FIRST APPEAL NO. 201479 OF 2018 (MV-I)

                   BETWEEN:

                   THE UNITED INDIA INSURANCE CO. LTD.,
                   HINGOLI (MH) BRANCH MANAGER MICRO OFFICE,
                   SULTAN COMPLEX, B.B. ROAD,
                   SHAHAPUR, DIST. YADGIR.
                   NOW THROUGH ITS THE DIVISIONAL MANAGER,
                   CENTURY COMPLEX, OPP. SANGAM TALKIES,
                   NEAR CITY BUS STAND ROAD, SUPER MARKET,
                   KALABURAGI-585101.

                                                                ...APPELLANT
                   (BY SRI J.AUGUSTIN, ADVOCATE)

                   AND:
Digitally signed
by RENUKA          1.   MARLINGAPPA S/O BASAVANTH KADEMANI,
Location: HIGH          AGE: 14 YEARS, MINOR, OCC: STUDENT,
COURT OF
KARNATAKA               U/G OF HIS NATURAL FATHER
                        BASAVANTH S/O SIDDLINGAPPA KADEMANI,
                        AGE: 45 YRS, OCC: COOLIE,
                        R/O. ANNAKASUGUR VILLAGE,
                        TQ: SHAHAPAUR, DIST: YADGIRI-585223.

                   2.   KISHOR RATHOD S/O RAMDHAN RATHOD,
                        AGE:45 YRS, OCC: BUSINESS,
                        R/O.PALSONA, TQ: & DIST: HINGOLI,
                        (MAHARASTRA)-431513.
                                                             ...RESPONDENTS
                   (BY SRI S.S. SAJJANSHETTY, ADV. FOR R1)
                                -2-
                                            NC: 2024:KHC-K:5562
                                       MFA No. 201479 of 2018




     THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
SET ASIDE THE JUDGMENT AND AWARD DATED 27.02.2018
PASSED IN MVC NO.265/2013 FROM THE COURT OF THE
SENIOR CIVIL JUDGE AND ADDL. MACT, SHAHAPUR

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                       ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)

The appeal is by the Insurer challenging the award of

`5,29,400/- awarded for the injuries sustained by the claimant.

2. The occurrence of the accident is not in dispute. It

is however the contention of the insurer that the driver of the

offending vehicle did not possess a valid and effective driving

licence. The Tribunal has recorded a finding that the Insurer did

not establish this assertion and therefore it would be liable to

satisfy the award.

3. In my view, this finding of the Tribunal cannot

really be found fault with. However, if the Insurer is of the view

that the driver of the offending vehicle did not possess a valid

and effective driving licence, it would be open for the Insurer to

initiate proceedings against the owner of the offending vehicle

NC: 2024:KHC-K:5562

and establish this fact and recover the amount that it is

required to pay to the claimant under the impugned award.

4. Subject to the above liberty, this appeal is

dismissed.

Sd/-

(N.S.SANJAY GOWDA) JUDGE

SN

CT: VD