Insurer appealed a Tribunal award directing it to pay compensation for a road accident and recover from the vehicle owner. The court found the pay-and-recover order just and proper and dismissed the appeal.
Appeal dismissed; Registry to transmit records and amount in deposit, if any, to the Tribunal forthwith for disbursement.
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.
NC: 2024:KHC:12467 MFA No. 10349 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.10349 OF 2013 (MV-I)
BETWEEN:
DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., TRIPURI BUILDING, I FLOOR, PURVENEDAKAVU, CALICUT-673 011. NOW REPRESENTED BY ITS REGIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE, 2-B UNITY, BUILDING ANNEXE, P.KALINGA RAO ROAD, BANGALORE-560 027.
…APPELLANT
(BY SRI. A.N.KRISHNA SWAMY., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N 1. MAHESH NAGESH NAYAK Location: HIGH S/O LATE MANEL NAGESH NAYAK, COURT OF NOW AGED ABOUT 51 YEARS, KARNATAKA R/AT ANCHORAGE, SANTHOSH NAGAR, MUNNUR, MANGALORE-575 017.
(BY SRI. KETHAN KUMAR., ADVOCATE FOR R1; R2-SERVED AND UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:17.09.2013 PASSED IN MVC NO.734/2008 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE AND MACT, MANGALORE.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri.A.N.Krishna Swamy., learned counsel for the appellant and Sri.Kethan Kumar., learned counsel for respondent No.1 have appeared in person.
A perusal of the office notice depicts that respondent No.2 is served and unrepresented. The second respondent has neither engaged the services of an advocate nor conducted the case as a party in person.
and steady manner. When he reached near Jappinamogaru at about 12:30 p.m., a Mini lorry/ goods tempo bearing Reg.No.KA-25-A-4766, came from opposite side in a rash or negligent manner and hit the car. Due to the impact, the claimant sustained severe injuries and was taken to Omega Hospital, Mangalore for treatment. He took treatment as inpatient from 13.04.2008 to 26.04.2008. He underwent surgery, interlocking and nailing were done. Contending that he is entitled for compensation, the claimant filed claim petition.
In response to the notice, the respondents appeared through their counsel and filed written statement denying the petition averments. Among other grounds, they prayed for dismissal of the petition.
Based on the above pleadings, the Tribunal framed issues, parties led evidence and marked the documents. The Tribunal vide Judgment dated:17.09.2013 partly allowed the Claim Petition and held that the Insurance Company is at a liberty to pay and recover the compensation amount. The Insurance Company has assailed the Judgment of the Tribunal
in this appeal on several grounds as set-out in the Memorandum of appeal.
For the reasons stated above, the appeal is devoid of merits and it is liable to be dismissed.
NC: 2024:KHC:12467 MFA No. 10349 of 2013
8. Resultantly, the Miscellaneous First Appeal is
dismissed .
The Registry concerned is directed to transmit the records
and the amount in deposit, if any to the Tribunal forthwith for disbursement.
Sd/JUDGE
MRP List No.: 1 Sl No.: 30
1 issue framed by the court
Whether the Tribunal's pay and recover direction against the insurer is just and proper.
Colour shows how this judgement treated each authority
PAPPU's caseRelied on¶7
1 provisions across 1 enactments
Divisional Manager, The New India Assurance Co. Ltd.
Mahesh Nagesh Nayak
The Director, Kerala Transport Company
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
