Allowed

Reliance Gen. Ins. Co. Ltd., v. Sangappa S/O. Vasudev Surkod

Karnataka HC10 Feb 2017MFA/21308/2012

Case brief

AI extract

What is this about?

The High Court allowed an appeal against a Motor Vehicles Act award. It held that under Section 147(2)(b), without additional premium, the insurer's liability for property damage is capped at Rs. 6,000. The award was modified accordingly, with the balance recoverable from the vehicle owner.

What did the court decide?

The award of Rs. 2,69,100/- modified to Rs. 6,000/-. Remaining amount directed to be recovered from vehicle owner.

Reliance Gen. Ins. Co. Ltd., Vs Sangappa S/O. Vasudev… — Specific Performance | Karnataka HC (2017)

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH, DHARWAD

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DATED THIS THE 10^TH DAY OF FEBRUARY 2017

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BEFORE

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THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

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MISCELLANEOUS FIRST APPEAL No.21308 OF 2012

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BETWEEN:

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Reliance Gen. Insurance Company, Limited, 570, Ractfiar House, Naigaum Cross Road, Wadala (West), Mumbai – 400 031, Mumbai. Represented by its Deputy Manager Legal Claims, CTS, 472-474, V A Kalburgi Square, Desai Circle, Deshapande Nagar, Hubli.

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…APPELLANT (By Shri Nagaraj C. Kolloori, Advocate)

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AND:

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Sri. Sangappa, Son of Vasudev Surkod, Major, Occupation: Business, Resident of Chikkulageri,

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Taluk: Saundatti, District: Belgaum.

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The Desai Logistics (Goa) Private Limited, Represented by its Director, Vilas Rama Guans Desai, Resident of Flat No.201, Majestic Avenue, Somavarpeth, Tilakwadi, Belgaum, Taluk and District: Belgaum.

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…RESPONDENTS

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(By Shri P.G.Chikkanaragund, Advocate for Respondent No.1; Notice to respondent No.2 served )

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This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 against the Judgment and Award dated 26.11.2011, passed in MVC No.2073/2010 on the file of the Principal Senior Civil Judge and Member, Additional MACT, Saundatti, awarding the compensation of Rs.2,69,100/- with interest at the rate of 6% P.A., from the date of petition till realisation.

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This appeal coming on for Admission this day, the court made the following:

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J U D G M E N T

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Heard the learned Counsel for the appellant.

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In this case the insurer was fastened with the liability in respect of property damage though there was no contractual liability. Section 147(2)(b) of the Motor Vehicles Act, 1988 provides that the policy of Insurance referred to under the provisions of the MV Act shall cover any liability in respect of damage to any property of a third-party, to a limit of Rs.6,000/Therefore, unless there was additional premium paid and the contractual liability fastened on the insurer, the insurer was not bound to meet any liability of more than Rs.6,000/-. However, in the present case on hand, the Tribunal has fastened liability on the insurer to the extent of Rs.2,69,100/- in respect of certain property damage. Therefore, the same is modified and restricted to Rs.6,000/-. The respondent – claimant is however entitled to recover the remaining amount from the owner of the vehicle.

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The appeal is allowed. The award stands modified in

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terms as above.

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Sd/JUDGE

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Reliance Gen. Ins. Co. Ltd., v. Sangappa S/O. Vasudev Surkod

Case brief

What is this about?

What did the court decide?

Reliance Gen. Ins. Co. Ltd., v. Sangappa S/O. Vasudev Surkod

Case brief

What is this about?

What did the court decide?

What the court decided

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