Karnataka High Court
The Manager Reliance General Insurance ... vs Sri. Siddharameshwara Swamiji ... on 10 June, 2025
Author: R.Devdas
Bench: R.Devdas
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NC: 2025:KHC-D:7482-DB
MFA No. 100660 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 10TH DAY OF JUNE, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
MISCELLANEOUS FIRST APPEAL NO.100660 OF 2017 (MV-I)
BETWEEN:
THE MANAGER RELIANCE GENERAL
INSURANCE COMPANY LIMITED,
DESAI CROSS, DESHPANDE NAGAR,
HUBBALLI-580020 (KARNATAKA STATE)
REPRESENTED BY ITS AUTHORIZED SIGNATORY
RELIANCE GENERAL INSURANCE COMPANY LTD.,
DESAI CROSS, DESHPANDE NAGAR, HUBBALLI.
...APPELLANT
(BY SRI. G.N. RAICHUR, ADVOCATE)
Digitally signed by AND:
CHANDRASHEKAR
LAXMAN
KATTIMANI 1. SRI. SIDDHARAMESHWARA
Location: HIGH SWAMIJI HIREMATH S/O. SIDDARAMESWAMY,
COURT OF
KARNATAKA AGE: 43 YEARS, OCC: RELIGIOUS PREACHING
AND MATHADHIPATHI OF SHRI. SIDDARAMESHWARS
SAMSHAN HIREMATH ALSO AGRICULTURE,
R/O: YELBURGA, DIST: KOPPAL.
2. ABEDA S/O. ISHAD,
AGE: 30 YEARS, OCC: DRIVER OF LORRY
NO.GJ-18/X8657 GOURA POST, JATATASTEEL,
TARGAD ROAD, MATTUR U.P.
3. M/S. KATARIA TRANSPORT
COMPANY (GUJARAT) PVT LTD.,
OPP. MILAN SHOPPING CENTRE
NH.NO.8 AT CHHATRAL TQ: KALOL,
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MFA No. 100660 of 2017
HC-KAR
DIST: GANDHINAGAR-382010, GUJRAT.
(OWNER OF LORRY BEARING REGD NO.GJ-18/X-8657)
4. THE MANAGER NEW INDIA
ASSURANCE COMPANY LTD.,
1ST FLOOR HOTEL PRIYADARSHINI COMPOUND
RAILWAY STATION ROAD, HOSPET,
DIST: BELLARY.
5. SHARANAPPA S/O. MALLAPPA GASATTI,
AGE: 33 YEARS, OCC: DRIVER OF CAR
NO.KA-01/MC-2886,
R/O: YELBURGA, DIST: KOPPAL.
6. VAGEESH PANDIT
S/O. SIDDARAMSWAMY HIREMATH,
AGE: 45 YEARS,
R/O: YELBURGA, DIST: KOPPAL.
...RESPONDENTS
(BY SMT. PADMAJA S.TADAPATRI, ADVOCATE FOR
SRI. S.S. BETURMATH, ADVOCATE FOR R1;
NOTICE TO R2 AND R3 ARE SERVED;
SRI. R.R. MANE, ADVOCATE FOR R4;
SRI. B.G. INDI, ADVOCATE FOR R5 AND R6)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLE ACT, PRAYING TO SET ASIDE
THE JUDGMENT AND AWARD DATED 26/11/2016 PASSED IN MVC
NO.40/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIM TRIBUNAL, YELBURGA, BY
ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND
EQUITY.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
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MFA No. 100660 of 2017
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
This Miscellaneous First Appeal has been filed by the
Manager of Reliance General Insurance Co. Ltd., being
aggrieved of the impugned judgment and award passed in
M.V.C.No.40/2012 insofar as the Tribunal holding the
driver of the vehicle/car insured by the appellant herein to
have contributed to the accident and therefore, the
Tribunal has held respondents No.1 to 6 in the claim
petition as jointly and severally liable to pay the
compensation amount to the claimant.
2. However, learned counsel for claimant/
respondent No.1 submits that respondent No.4, the New
India Assurance Co. Ltd. has satisfied the entire claim
insofar as the claim petition filed by the legal
representatives of the driver of the car and in that claim
petition, the Tribunal has concluded that the complete
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HC-KAR
liability is on the lorry that was stationed on the road.
Further, the fourth respondent who is the insurer of the
said lorry has satisfied the complete claim and award
passed by the Tribunal in the claim petition filed on behalf
of the deceased driver.
3. Learned counsel for the fourth respondent
submits that he has verified from the website of this Court
and he does not find any appeal being filed at the hands of
the fourth respondent insofar as the judgment and award
passed in M.V.C.No.430/2014 which was filed on behalf of
the deceased driver of the car.
4. If that is the position, then this Miscellaneous
First Appeal filed at the hands of the Reliance General
Insurance Co. Ltd. has to be allowed in view of the fact
that the Tribunal has held that the liability is on the owner
and the insurer of the lorry and accordingly, the insurance
company has satisfied the award passed by the Tribunal.
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5. Accordingly, this Court proceeds to allow the
Miscellaneous First Appeal while concluding that the
liability in M.V.C.No.40/2012 will be completely on the
fourth respondent-insurance company and not on the
appellant-insurance company. The impugned judgment
and award is accordingly modified while holding that the
fourth respondent-New India Assurance Co. Ltd. is liable to
satisfy the award passed by the Tribunal in
M.V.C.No.40/2012. Ordered accordingly.
6. The amount deposited by the appellant-
insurance company is directed to be returned to the
appellant-insurance company forthwith.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(K V ARAVIND)
JUDGE
NAA
CT: UMD
