Karnataka High Court
The New India Assurance Co.Ltd vs Smt. Guljar Banu W/O Abdulkhadar Haveri on 7 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:2678
RP No. 100110 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
REVIEW PETITION NO. 100110 OF 2022
BETWEEN:
THE NEW INDIA ASSURANCE CO.LTD.,
BY THE DIVISIONAL MANAGER,
COTTON MARKET, SRINATH COMPLEX,
2ND FLOOR, HUBBALLI,
DIST. DHARWAD,
BY ITS DULY CONSTITUTED ATTORNEY.
...PETITIONER
(BY SRI. RAVINDRA MANE, ADVOCATE)
AND:
SUJATA 1. SMT. GULJAR BANU
SUBHASH
W/O ABDULKHADAR HAVERI
PAMMAR
AGE: 42 YEARS, OCC: HOUSEHOLD,
Digitally signed by R/O. BALUR, TQ. HANGAL,
SUJATA
SUBHASH DIST. HAVERI-581110.
PAMMAR
Date: 2024.02.07
21:17:45 -0800
2. ABDULKHADAR S/O BUDANSAB HAVERI
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O. BALUR, TQ. HANGAL,
DIST. HAVERI-581110.
3. HASAN MIYA S/O ABDULKHADAR HAVERI
AGE: 24 YEARS, OCC: NIL,
R/O. BALUR, TQ: HANGAL,
DIST. HAVERI-581110.
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NC: 2024:KHC-D:2678
RP No. 100110 of 2022
4. MAHAMMAD SHARIF
S/O ABDULKHADAR HAVERI
AGE: 22 YEARS, OCC: NIL,
R/O. BALUR, TQ: HANGAL,
DIST. HAVERI-581110.
5. MALAN BANU D/O ABDULKHADAR HAVERI
AGE: 24 YEARS, OCC: NIL,
R/O: BALUR, TQ: HANGAL,
DIST. HAVERI-581110.
6. SHANKAR A. S/O MR. P.ARUNACHALAM,
AGE: MAJOR, OCC: OWNER OF VEHICLE,
R/O. #135, MGR NAGAR,
ANIKONDALAMPATTI, SALEM,
STATE: TAMILNADU-010.
...RESPONDENTS
THIS RP IS FILED UNDER SECTION 114 R/W ORDER 47 RULE
OF CPC, PRAYING TO REVIEW AND MODIFY THE JUDGMENT DATED
26/11/2020 PASSED IN MFA NO. 100491/2018 SUITABLY BY
DIRECTING THE TRIBUNAL BELOW NOT TO RELEASE THE AMOUNT
THAT WOULD BE DEPOSITED BY THE REVIEW PETITIONER,
WITHOUT OBTAINING SECURITY FROM THE OWNER OF THE VEHICLE
I.E. THE RESPONDENT NO. 6 FOR THE ENTIRE AWARD AMOUNT,
AND TO FOLLOW THE PROCEDURE FOR RECOVERY AS LAID DOWN
BY THE HONBLE SUPREME COURT OF INDIA IN THE CASE OF
ORIENTAL INSURANCE CO. LTD., VS. SHRI. NANJAPPAN AND
OTHERS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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RP No. 100110 of 2022
ORDER
Heard the learned counsel for the petitioner.
2. The only contention raised is that this Court has not
directed the owner of the subject vehicle to furnish security
before the amount was released in favour of the claimant.
3. In support, he placed reliance on the decision of the
Hon'ble Supreme Court in the case of Oriental Insurance
Company Limited vs. Nanjappan and others reported in
AIR 2004 SC 1630, wherein it is held that before the release
of amount to the insured, owner of the vehicle shall be issued
notice and he shall be required to furnish security for the entire
amount which insurer will pay to the claimants.
4. This Court by applying the principle of pay and
recovery laid down in the case of New India Assurance
Company Limited, Bijapur vs. Yallavva and another
reported in ILR 2020 KAR 2239 has passed the award.
5. The decision rendered by the Hon'ble Supreme
Court in the case of Oriental Insurance Company Limited
supra, has been diluted by the subsequent decision of the
NC: 2024:KHC-D:2678
Hon'ble Supreme Court as well as by the subsequent decision
of this Court in the case of Yallavva supra.
Therefore, I do not find any apparent error on the face of
record. Accordingly, the petition stands dismissed.
Sd/-
JUDGE
RSH / CT:GSM
