Sri.K.Nagarajachari v. M/S Fac Sri Ram Transport Finance
Case brief
What is this about?
The High Court allowed the appeal in part, setting aside the Tribunal's dismissal of the claim petition. The Court held that the vehicle was unserviceable scrap with prohibitive repair costs, rejecting the insurer's non-examination as a ground to disbelieve documentary evidence.
What did the court decide?
The impugned judgment set-aside; appeal allowed in part. Compensatory damages of Rs. 4,59,956/- awarded plus 6% annual interest.
What the court decided
- 1 -
MFA No. 3656 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 3656 OF 2015 (MV-DM)
BETWEEN:
SRI.K.NAGARAJACHARI S/O KEMPACHAR, AGED 50 YEARS, OCC-TRAVELS BUSINESS, R/O 102/4, ESHADHANA, 18TH MAIN, 18TH CROSS, MUNESHWARA BLOCK, BANGALORE-26.
…APPELLANT
(BY SRI. VISWANATH SABARAD, ADVOCATE)
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
AND:
- M/S. FAC SRI RAM TRANSPORT FINANCE LTD., NO.39/30, NO.16, 1ST FLOOR, ABOVE ARYA BAKERY, BELLARY ROAD, GANGANAGAR, BANGALORE-32.
Issues for consideration
3 issues framed by the court
Whether the Tribunal's presumption that the claimant repaired and received insurance reimbursement was correct.
Whether the claimant is entitled to compensation for the loss of the scrap vehicle despite non-examination of insurer representative.
The amount of compensation and damages payable to the claimant for the loss of the vehicle.
Parties & counsel
- appellant
Sri. K. Nagarajachari
- respondent
M/s. Fac Sri Ram Transport Finance Ltd.
- respondent
Sri. Munawar
- respondent
The Manager Oriental Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · January
- Registered
- Case no.
- MFA/3656/2015
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