Karnataka High Court
The Manager vs Kavita W/O. Ravi Hallu on 1 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2291
MFA No. 24791 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.24791 OF 2013 (MV)
BETWEEN:
THE MANAGER,
IFFCO-TOKIO INSURANCE CO. LTD.,
MARGOA GOA BY ITS DIVISIONAL OFFICE
SUDEV PLAZA, OPP: LAXMI TEMPLE,
DAJIBANPETH, HUBLI,
NOW R/BY ITS AUTHORISED SIGNATORY
IFFCO TOKIO GENERAL INSURANCE CO.
CUSTOMER SERVICE CENTER,
SHRI. SHANTI TOWERS, 5TH FLOOR, 3RD MAIN,
141 EAST OF N.G.E.F. LAYOUT,
KASTURINAGAR, BANGALURU-560043.
...APPELLANT
(BY SRI. M.Y. KATAGI, ADVOCATE)
Digitally
signed by
SAMREEN AND:
SAMREEN AYUB
AYUB DESHNUR
DESHNUR Date:
2024.02.15
13:24:47 1. SMT. KAVITA
+0530
W/O. RAVI HALLUR,
AGE: 30 YEARS, OCC: HOUSEHOLD WORK,
R/O. ARUN COLONY, SURABHI NAGAR,
GOKUL ROAD, HUBLI.
2. KUMARI VIJAYALAXMI
D/O. RAVI HALLUR,
AGE: 04 YEARS, OCC: NIL,
R/O. ARUN COLONY, SURABHI NAGAR,
GOKUL ROAD, HUBLI.
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NC: 2024:KHC-D:2291
MFA No. 24791 of 2013
SINCE MINOR REPRESENTED BY
HER NATURAL MOTHER MINOR
GUARDIAN THE PETITIONER NO.1
SMT. KAVITA RAVI HALLUR.
3. SMT. SUSHILA W/O. GURUSIDDAPPA HALLUR,
AGE: 65 YEARS, OCC: HOUSEHOLD WORK,
R/O. ARUN COLONY, HOUSE NO.33,
GOKUL ROAD, HUBLI.
4. SHRI. ABDUJULLATIF
S/O. GAFFAR HOSPET,
AGE: MAJOR, OCC: OWNER OF CANTER LORRY,
R/O. H NO. 13, SONAR BHAT,
BETHIM, POST BARDEZ NORTH GOA,
GOA.
...RESPONDENTS
(BY SRI. P.G. CHIKKANARAGUND, ADVOCATE FOR R1-R3;
R2 IS MINOR REP. BY R1;
R4 SERVED)
THIS M.F.A. IS FILED U/S 173(1) OF MV ACT 1988,
AGAINST THE JUDGMENT AND AWARD DATED:21.06.2013
PASSED IN MVC NO.3/2012 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HUBLI,
AWARDING THE COMPENSTION OF RS.6,85,000/- WITH THE
INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF
PETITION, TILL ITS DEPOSIT.
THIS M.F.A, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:2291
MFA No. 24791 of 2013
JUDGMENT
Heard Sri.M.Y.Katagi and Sri.P.G.Chikkanaragund,
counsel for the parties.
2. Appeal is filed by the IFFCO-TOKIO Insurance Company
Ltd., challenging the validity of the judgment and award
passed in MVC No.3/2012 dated 21.06/2013 on the file of Prl.
Senior Civil Judge and Additional Motor Accident Claims
Tribunal, Hubbali.
3. Sri.M.Y.Katagi contended that the offending vehicle was
not insured by the IFFCO-TOKIO.
4. Sri. Chikkanaragund however contends that by mistake,
IFFCO-TOKIO Insurance Company Ltd., was impleaded.
Actually offending vehicle was insured with Sreeram General
Insurance Company Ltd. and therefore, he wants to implead
Sreeram General Insurance company in the case and proceed
with the case.
5. Since, application is filed seeking impleading of the
Sreeram General Insurance Company Ltd., for the first time
NC: 2024:KHC-D:2291
before this court, it is just and necessary that the impugned
judgment and award needs to be set aside and matter
requires to be remitted to the tribunal for fresh disposal in
accordance with law after affording an opportunity for the
claimant to implead Sreeram General Insurance Company
Ltd.,
6. Accordingly, the following:
ORDER
i) Appeal is allowed.
ii) Impugned judgment and award is set aside
and matter is remitted to the trial court.
iii) Claimant shall appear before the trial court
on 21.02.2024 without fresh notice and he is
permitted to implead Sreeram General Insurance
Company Limited as party respondent.
iii) In view of allowing the appeal, IA filed by
the claimant in this case stands consigned to the
records. Claimant is entitled to file similar
NC: 2024:KHC-D:2291
application before the trial court and if such
application is filed, trial court shall allow such
application and proceed with the matter in
accordance with law and conclude the main matter
on or before 31.08.2024.
iv) Amount in deposit is ordered to be returned
to the appellant IFFCO-TOKIO Insurance Company
Ltd., under due identification.
Sd/-
JUDGE
HMB
