The Manager v. Yunusali S/O Peerasab Kotabal
Case brief
What is this about?
This appeal was filed by a motorcycle insurer to set aside orders directing it to pay 40% compensation for a motor accident based on composite negligence. The Court reduced the liability to the personal accident coverage limit, upholding the insurer's contention on the calculation of liability.
What did the court decide?
The insurer is liable to pay only Rs. 1,00,000/- as personal accident coverage along with interest @ 6% p.a.
What the court decided
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MFA No. 25538 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE R.NATARAJ
MISCELLANEOUS FIRST APPEAL NO. 25538 OF 2011 (MV-)
BETWEEN:
THE MANAGER UNITED INDIA INSURANCE CO. LTD., SRINIVAS TALKIES COMPLEX, DHARWAD. REP. THROUGH ITS DIVISIONAL OFFICE, ANKOLA ARCADE, DHARWAD. REP. BY ITS DIVISIONAL MANAGER.
…APPELLANT
(BY SRI. NAGANGOUDA R KUPPELUR, ADVOCATE)
AND:
Issues for consideration
2 issues framed by the court
Whether the insurer of the motorcycle is liable to pay 40% of compensation awarded for a road accident where the claimant was also negligent by 40% due to composite negligence.
What is the extent of liability of the appellant-insurer for personal accident coverage in lieu of the composite negligence award.
Parties & counsel
- appellant
The Manager, United India Insurance Co. Ltd.
- respondent
Yunusalis/o Peerasab Kotabal
- respondent
Karimsab S/o Budnsab Haralapur
- respondent
The National Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · December
- Registered
- Case no.
- MFA/25538/2011
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