M/S New India Assurance Company Limited vs Mrs Azeema
2024 Latest Caselaw 26494 Kant

Karnataka High Court

M/S New India Assurance Company Limited vs Mrs Azeema on 6 November, 2024

Author: N S Sanjay Gowda

Bench: N S Sanjay Gowda

                                              -1-
                                                            NC: 2024:KHC:44856
                                                         MFA No. 238 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF NOVEMBER, 2024

                                           BEFORE
                          THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                   MISCELLANEOUS FIRST APPEAL NO. 238 OF 2020 (MV-I)
                   BETWEEN:

                   1.  M/S NEW INDIA ASSURANCE COMPANY LIMITED
                       REGIONAL OFFICE
                       NO.144, 2ND FLOOR,
                       SUBHARAM COMPLEX,
                       M G ROAD, BANGALORE-560001
                       REPRESENTED BY VARDHARAJAN K T
                       ASSISTANT MANAGER
                                                             ...APPELLANT
                   (BY SMT. GEETHA RAJ., ADVOCATE)

                   AND:

                   1.    MRS AZEEMA
                         W/O MAHEBOOB PASHA
                         AGED ABOUT 46 YEARS
                         RESIDING AT NO.260/2, 2ND MAIN,
Digitally signed
by KIRAN KUMAR           6TH CROSS, RAVINDRA NAGAR,
R                        T.DASARAHALLI, BENGALURU-560057.
Location: HIGH
COURT OF           2.    MR. VASUDEVA B, S/O BAMMERAJU
KARNATAKA
                         MAJOR RESIDING AT
                         RAJARAJESHWARINAGAR,
                         BENGALURU.
                                                            ...RESPONDENTS
                   (BY SMT. M.V.THANUJA., ADVOCATE FOR R-1;
                       VIDE ORDER DATED 30.10.2024, NOTICE TO R-2 IS
                       HELF SUFFICIENT)

                        THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
                   AGAINST THE JUDGMENT AND AWARD DATED 02.08.2019
                   PASSED IN MVC NO. 1387/2015      ON THE FILE OF THE
                               -2-
                                          NC: 2024:KHC:44856
                                         MFA No. 238 of 2020




MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL
CAUSES,   BENGALURU     CITY    (SCCH-4),  AWARDING
COMPENSATION OF RS.7,49,000/- WITH INTEREST AT 6
PERCENT P.A. FROM THE DATE OF PETITION TILL
REALIZATION.

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

CORAM:    HON'BLE MR JUSTICE N S SANJAY GOWDA


                         ORAL JUDGMENT

1. The insurer is in appeal challenging the award of

compensation of Rs.7,49,000/- granted by the Tribunal.

2. The insurer contends that it had insured the vehicle

only with a statutory policy and since the claimant was

admittedly an inmate of the vehicle, it cannot be made

liable for any compensation towards the inmate who has

suffered the injuries.

3. In view of the settled law that an inmate or an

occupant of the vehicle, which is covered under a statutory

policy, cannot proceed against the insurer, the appeal will

have to be allowed and the award of the Tribunal insofar

as it fastens the liability on the insurer will have to be set

aside.

NC: 2024:KHC:44856

4. The claimant would be at liberty to proceed against

the owner of the offending vehicle.

5. Consequently, the impugned award, insofar as it

fastens the liability on the insurer, is set aside. This

appeal is accordingly allowed.

6. The amount in deposit, if any, shall be refunded to

the insurer.

Sd/-

(N S SANJAY GOWDA) JUDGE

RK