Karnataka High Court
The Branch Manager vs Mrs Arunakshi on 22 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:7517
MFA No. 4736 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 4736 OF 2017 (MV-I)
BETWEEN:
THE BRANCH MANAGER
NEW INDIA ASSURANCE CO LTD
FLAT NO/U-10, 5TH MAIN
2ND CROSS, CHRISTIAN COLONY
SRIRAMPURA, BANGALORE-560021
BY THE MANAGER
NEW INDIA ASSURANCE CO LTD
REGIONAL OFFICE, III PARTY HUB
MAHALAXMI CHAMBERS, M G ROAD
BANGALORE-560001
BY ITS MANAGER
...APPELLANT
(BY SRI. O MAHESH, ADVOCATE)
Digitally signed by JAI
JYOTHI J
Location: HIGH
COURT OF
KARNATAKA AND:
1. MRS ARUNAKSHI
W/O ANAND
AGED ABOUT 31 YEARS
R/A NO.52, 7TH CROSS
INDIRAPRIYADARSHNI NAGAR
LAGGERE, BANGALORE-560058
2. CHAYA K
W/O KRISHNAPPA T
AGED ABOUT MAJOR
R/A C/O NO.52, 7TH CROSS
-2-
NC: 2024:KHC:7517
MFA No. 4736 of 2017
INDIRAPRIYADARSHNINAGARA
LAGGERE, BANGALORE-560058
...RESPONDENTS
(BY SRI. HEMANTH. B. ADVOCATE FOR R1;
R2- NOTICE SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 10.04.2017 PASSED IN MVC
NO.2679/2016 ON THE FILE OF THE XXI ACMM AND XXIII ASCJ
BENGALURU, AWARDING COMPENSATION OF RS.3,71,700/-
ALONG WITH INTEREST AT 8% P.A. FROM THE DATE OF
PETITION TILL THE DATE OF DEPOSITING THE AMOUNT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the Insurance
Company challenging the judgment and award dated
10.04.2017 passed in MVC.No.2679/2016 by XXI ACMM &
XXIII ASCJ, Bengaluru, questioning the liability fixed on the
Insurance Company to pay compensation.
2. The brief facts of the case are that, on
03.01.2016 at about 5.30 pm., the claimant along with her
husband and minor child were travelling in Maruthi 800 car
NC: 2024:KHC:7517
bearing Reg.No.KA-09-N-2111 as an occupants and met with
an accident as the driver of the car drove it in a rash and
negligent manner. Upon the claim petition filed by the
claimant, the Tribunal has awarded compensation and fixed
the liability on the Insurance Company to pay compensation.
3. Heard the arguments from both sides and
perused the records.
4. Admittedly, in the present case, the claimant
was an occupant in the car and sustained injury in the
accident. Admittedly, Ex.R.2-insurance policy is the Act
Policy/Liability Only Policy. The risk of occupants in the car is
not covered where the insurance policy is the Act
Policy/Liability Only Policy. The issue is squarely covered by
the judgment of this Court in the case of Div. Manager,
United India Insurance Company Limited & Others Vs.
Shamaraya & Others in MFA.No.31781/2010 &
Connected matters DD.22.12.2020.
NC: 2024:KHC:7517
5. Therefore, the appellant-Insurance Company
is not liable to pay compensation, but the owner of the
Maruthi 800 car bearing Reg.No.KA-09-N-2111 is liable to
pay compensation. Therefore, the appeal filed by the
Insurance Company is liable to be allowed. Accordingly,
judgment and award passed by the Tribunal is modified
holding that respondent No.2-owner of the car is liable to
pay compensation and accordingly, fixing of liability on the
Insurance Company is hereby set aside.
6. Accordingly, I proceed to pass the following
ORDER
i. The appeal is allowed.
ii. The impugned judgment and award dated
10.04.2017 passed in MVC.No.2679/2016 by XXI
ACMM & XXIII ASCJ, Bengaluru, is modified.
iii. The owner of the Maruthi 800 car bearing
Reg.No.KA-09-N-2111 is liable to pay compensation
NC: 2024:KHC:7517
to the claimant and shall pay compensation to
claimants.
iv. No order as to costs.
v. The amount in deposit made by the Insurance
Company shall be transmitted to the Tribunal for
refunding the same to the Insurance Company.
Sd/-
JUDGE
PB
