The Regional Manager v. Sandhya
Case brief
What is this about?
Appeal by insurer challenging compensation award where deceased was a gratuitous passenger. Court held insurer liable to pay but granted liberty to recover from owner due to policy breach. Compensation award otherwise confirmed.
What did the court decide?
Appeal allowed-in-part. Judgment confirmed but insurance company given liberty to recover compensation from the vehicle owner.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR
MFA NO.1804/2019(MV-D)
BETWEEN :
THE REGIONAL MANAGER HDFC ERGO GIC. LTD. LEELA BUSINESS PARK 6TH FLOOR, ANDERI, KURLA ROAD MUMBAI-400 059 AT NOW REP. BY LEGAL MANAGER HDFC ERGO GIC. LTD. 2ND FLOOR, NO.25/1 BUILDING NO.2 SHANKARNARAYANA BUILDING MG ROAD, BANGALORE-560 001
... APPELLANT
(BY SRI. PRADEEP .B, ADVOCATE)
AND:
- SANDHYA W/O LATE B.L. NAGANNA AGED ABOUT 31 YEARS
Issues for consideration
3 issues framed by the court
Whether the insurance company is liable to pay compensation to claimants when the deceased was a gratuitous passenger despite breach of policy conditions.
Whether the impugned award should be remanded to pass an order for pay and recovery from the owner granted to the insurer due to policy breach.
Whether the quantum of compensation awarded by the Tribunal is liable to be interfered with.
Parties & counsel
- appellant
The Regional Manager HDFC ERGO GIC. Ltd.
- respondent
Sandhya W/O Late B.L. Naganna
- respondent
Chethana S/O Late B.L. Naganna
- respondent
Ankitha D/O Late B.L. Naganna
- respondent
Rangaswamay G.B.
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · October
- Registered
- Case no.
- MFA/1804/2019
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