Allowed

United India Insurance Co. Ltd., v. Ningappa S/O. Nagangouda Patil

Karnataka HC19 Dec 2023MFA/20055/2013

Case brief

AI extract

What is this about?

Karnataka High Court allowed an appeal by United India Insurance Company against an award fixing liability. The court held the appellant insurer was not liable for compensation under the Act policy, directing the motorcycle owner to pay instead.

What did the court decide?

The award dated 17.08.2012 is modified holding respondent No.2 liable to pay compensation; deposited amount refunded to appellant.

United India Insurance Co. Ltd., Vs… — Contract and Commercial Disputes | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:14876 MFA No. 20055 of 2013

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 19^TH DAY OF DECEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

¶7

MISCELLANEOUS FIRST APPEAL NO.20055/2013(MV)

¶8

BETWEEN:

¶9

UNITED INDIA INSURANCE CO. LTD., SRINIVAS TALKIES, 1^ST FLOOR, DHARWAD, REPD. THROUGH ITS DIVISIONAL OFFICE, ANKOLA ARCADE, P.B. ROAD, DHARWAD, REPD. BY ITS DIVISIONAL MANAGER, DR.P.M. KULKARNI.

¶10

…APPELLANT

¶11

(BY SMT. PREETI SHASHANK AND SRI SHASHANK HEGDE, ADVOCATES)

¶12

AND:

¶13

NINGAPPA S/O. NAGANGOUDA PATIL, AGED ABOUT 22 YEARS, OCC: BAR BENDING, R/O: JODALI, KALAGHATAGI, TALUK AND DIST: DHARWAD.

¶14

Digitally signed by SUJATA SUBHASH PAMMAR

¶15

HANUMANTAPPA S/O. YALLAPPA GUDADANI, AGED ABOUT 37 YEARS, OCC: BUSINESS, R/O: KANAVI-HONNAPUR, TQ: AND DIST: DHARWAD.

¶16

…RESPONDENTS

¶17

(BY SRI B.S.SANGATI, ADVOCATE FOR R1; R2 IS SERVED AND UNREPRESENTED)

¶18

THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH MVC NO.697/2011 ON THE FILE OF COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD, EXAMINE THE SAME AND SET ASIDE THE AWARD DATED 17.08.2012 AS AGAINST THE APPELLANT.

¶19

¶20

NC: 2023:KHC-D:14876 MFA No. 20055 of 2013

¶21

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶22

JUDGMENT

¶23

The present appeal is filed by the insurance company questioning the liability fastened on it.

¶24

The occurrence of accident and injuries sustained by the claimant are not in dispute in this case. The disputed fact is whether the insurance company is liable to indemnify and pay the compensation or not is a question before this court in the appeal.

¶25

Heard the arguments and perused the material

¶26

placed before the Court.

¶27

In the present case, the tribunal while awarding compensation has fastened the liability on the appellantinsurance company. Admittedly, the claimant is a pillion rider on the motor cycle bearing No. KA-25/K-5525. From

¶28

the evidence on record, it is proved that claimant was

¶29

NC: 2023:KHC-D:14876 MFA No. 20055 of 2013

¶30

¶31

pillion rider on the motor cycle. Admittedly, Ex.R2insurance policy is a Act policy/Liability only policy.

¶32

In this regard, the issue involved in this matter is no more res-integra in view of the order of this Court (Kalaburagi Bench) in the case of Divisional Manager, United India Insurance Company Limited and others Vs.Shamaraya and others in MFA No.31781/2010 and connected matters dated 22.12.2020.

¶33

Therefore, the appellant-insurance company is not liable to pay compensation. The respondent No.2-owner of the motorcycle bearing No. KA-25/K-5525 is liable to pay compensation to the claimant.

¶34

Hence, I proceed to pass the following:

¶35

ORDER

¶36

i) Appeal filed by the insurance company is

¶37

allowed.

¶38

4 - NC: 2023:KHC-D:14876 MFA No. 20055 of 2013

¶39

ii) The Judgment and award passed in MVC

¶40

No.697/2011 dated 17.08.2012 passed by the Prl. District and Sessions Judge and MACT., Dharwad is modified by holding that the respondent No.2owner of the motorcycle bearing No. KA-25/K-5525 is liable to pay compensation to claimant.

¶41

iii) No order as to costs.

¶42

iv) Registry is directed to transmit the amount in deposit made by the insurance company to Tribunal along TCR and with copy of this order forthwith. Refund the deposited amount to the appellant.

¶43

v) No order as to costs.

¶44

vi) Draw award accordingly.

¶45

HMB List No.: 3 Sl No.: 6 CT-ASC

¶46

SD/JUDGE

United India Insurance Co. Ltd., v. Ningappa S/O. Nagangouda Patil

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd., v. Ningappa S/O. Nagangouda Patil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mr.Murtuza Baig S/O Usman Baig, Vs Samiulla S/O S.A. Najeer Ahammad

Belgaum Urban Development Authority Vs Sri.Vasant Kallappa Jadhav

The Manager Vs Leema Natal Baik Kom Santan

Rajanna Vs the State of Karnataka

Smt.Lalithamma D/O Late K. Hanumanthappa Vs Sri.Laleppa S/O Late K. Hanumanthappa

Smt.Geeta W/O Muttanna @ Muttappa Karekalla Vs Smt.Preeti W/O Bhavanishankar