Reliance General Insurance Company Ltd vs Mr. Bharath B.S
2024 Latest Caselaw 22547 Kant

Karnataka High Court

Reliance General Insurance Company Ltd vs Mr. Bharath B.S on 4 September, 2024

                                                  -1-
                                                               NC: 2024:KHC:36098
                                                           MFA No.2876 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
                                               BEFORE
                           THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                       MISCELLANEOUS FIRST APPEAL NO.2876/2023 (MV-I)


                      BETWEEN:

                      RELIANCE GENERAL INSURANCE
                      COMPANY LTD.,
                      NO.28, CENTENARY BUILDING,
                      M.G. ROAD, CRAIG PARK LAYOUT,
                      ASHOKNAGAR, BANGALORE - 560 025.
                      REP. BY ITS MANAGER.
                                                                     ...APPELLANT
                      (BY SRI. D. VIJAYAKUMAR, ADV.,)
Digitally signed by
AASEEFA PARVEEN
Location: HIGH        AND:
COURT OF
KARNATAKA
                      1.    MR. BHARATH B.S.
                            S/O SHIVANNA,
                            NOW AGED ABOUT 30 YEARS,
                            ARISINAKUNTE,
                            NELAMANGALA TALUK,
                            BANGALORE RURAL DIST.

                      2.    SULEMANBHAI,
                            S/O OSMANBHAI SAMA,
                            AT-BED-JAMNAGAR,
                            JAMNAGAR, GUJARATH - 361 001
                            (OWNER OF VEHICLE GJ-10-X-5820).
                                                                  ...RESPONDENTS
                      (R2 IS SERVED)


                           THIS M.F.A. IS FILED U/S 173(1) OF MV ACT AGAINST
                      THE JUDGMENT AND AWARD DATED 27.01.2023 PASSED IN
                      MVC NO.2767/2020 ON THE FILE OF THE XXIII ADDITIONAL
                               -2-
                                            NC: 2024:KHC:36098
                                         MFA No.2876 of 2023




SMALL CAUSES JUDGE, BENGALURU, SCCH-25 AWARDING
COMPENSATION OF RS.49,000 WITH INTEREST AT 6 PERCENT
P.A. FROM THE DATE OF FILING TILL THE DATE OF
DEPOSITING THE AWARD AMOUNT.

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

CORAM:    HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

                      ORAL JUDGMENT

Heard Sri.D.Vijayakumar learned counsel who appears

through video conference.

2. This appeal arises out of the order that is rendered

by the Motor Accident Claims Tribunal, Bengaluru in MVC

No.2767/2020 dated 27.01.2023.

3. The appellant is the insurer of the offending vehicle

which is involved in the accident. This appeal is filed by the

Insurance Company disputing its liability. However, on this day,

Sri.D.Vijayakumar submits that the Tribunal passed a common

order in MVC No.2767/2020 & 2768/2020 giving common

findings with regard to the liability of the appellant herein.

Learned counsel also submits that challenging the order that is

rendered in MVC No.2768/2020, the appellant herein preferred

another appeal i.e., MFA No.2904/2023 and that appeal was

NC: 2024:KHC:36098

dismissed by this Court on 22.06.2024 on merits and thus, the

present appeal does not survive for consideration. A copy of the

order that in rendered by this Court in MFA No.2904/2023

dated 22.06.2024 is placed before this Court through the proxy

counsel.

4. Having considered the submission thus made by

Sri.D.Vijayakumar learned counsel for the appellant and upon

going through the contents of the judgment that is rendered by

this Court in MFA No.2904/2023 with regard to the liability

fixed upon the appellant herein to pay compensation, this Court

does not find any further grounds for consideration. Hence, the

appeal is dismissed without costs.

The amount if any in deposit be transmitted to the

concerned Tribunal immediately.

Sd/-

(DR.CHILLAKUR SUMALATHA) JUDGE

DS