Reliance General vs Shivappa And Anr
2024 Latest Caselaw 19594 Kant

Karnataka High Court

Reliance General vs Shivappa And Anr on 5 August, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                              -1-
                                                         NC: 2024:KHC-K:5640
                                                     MFA No. 200536 of 2018




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                           DATED THIS THE 5TH DAY OF AUGUST, 2024

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


                        MISCL. FIRST APPEAL NO. 200536 OF 2018 (MV-I)
                   BETWEEN:

                        RELIANCE GENERAL INSURANCE CO. LTD,
                        NO.8TH BLAOCK, ASIAN PLAZA COMPLEX,
                        MAIN ROAD, KALABURAGI -585102
                        REPRESENTED BY
                        AUTHORISED OFFICER

                                                                 ...APPELLANT

                   (BY SRI. SUBHASH MALLAPUR, ADVOCATE)

                   AND:

                   1.   SHIVAPPA S/O MALLINATH,
Digitally signed        AGE: 45 YEARS, OCC: COOLIE, (NOW NIL),
by SUMITRA
SHERIGAR                R/O H.NO.128/1/24, BRAHMAPUR,
Location: HIGH          KALABURAGI-585102.
COURT OF
KARNATAKA
                   2.   AKBAR MIYAN S/O BAWA SAB,
                        AGE: 41 YEARS, OCC: OWNER OF TUMTUM
                        NO.KA-32/A-6250,
                        R/O 8-1606/1, NEHRU GUNJ,
                        KALABURAGI-585104.

                                                              ...RESPONDENTS

                        THIS MFA FILED IS U/S 173(1) OF MV ACT, PRAYING
                   THAT THIS HON BLE COURT MAY BE PLEASED TO ALLOW THE
                   ABOVE APPEAL AND CONSEQUENTLY BE PLEASED TO SET
                                     -2-
                                                NC: 2024:KHC-K:5640
                                            MFA No. 200536 of 2018




ASIDE THE JUDGMENT AND AWARD DATED 09.03.2017
PASSED THE II ADDL. SENIOR CIVIL JUDGE AND MACT,
KALABURAGI IN MVC NO.805/2011, IN THE INTEREST OF
JUSTICE AND EQUITY.

     THIS APPEAL, COMING ON FOR FINAL HEARING, 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)

This appeal is by the Insurer challenging the

fastening of liability on it by the Tribunal.

2. The contention advanced by the learned counsel

for the Insurer was that the vehicle was insured but it did

not have the necessary permit so as to attract the

coverage of the Insurance.

3. The Hon'ble Apex Court in the case of Mukund

Dewangan vs. Oriental Insurance Company Limited1,

has held that the Insurer cannot escape from its liability

(2017) 14 SCC 663

NC: 2024:KHC-K:5640

on the ground that there was violation of permit

conditions.

4. In that view of the matter, there is no merit in

the appeal. The appeal is therefore dismissed.

Sd/-

(N.S.SANJAY GOWDA) JUDGE

SN