Allowed

Mr. Abdul Hameed v. Mr. a M Jayasheela

Karnataka HC22 Nov 2024MFA/3432/2020

Case brief

AI extract

What is this about?

Pillion rider died in a motorcycle accident; Tribunal awarded compensation and fixed liability on the appellant because the insurance certificate stood in his name. The High Court held that insurance transfers with the vehicle on sale and fastened liability on the registered owner as on the accident date.

What did the court decide?

Liability fastened on appellant in the award set aside; respondent No.4 held liable to satisfy the award; deposit refunded to appellant.

Mr. Abdul Hameed Vs Mr. a M Jayasheela — Insurance | Karnataka HC (2024)

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1 - NC: 2024:KHC:47652 MFA No. 3432 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO. 3432 OF 2020

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(MV-D)

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BETWEEN:

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MR. ABDUL HAMEED S/O LATE ANDUNHI HAJI AGED ABOUT 58 YEARS R/AT DELANTHABETTU VILLAGE AND POST KANYANA BANTWAL TALUK D K DISTRICT-574279.

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…APPELLANT

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(BY SRI. PRASANNA V R., ADVOCATE)

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AND:

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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MR. A M JAYASHEELA S/O LATE A J MUNISWAMY AGED ABOUT 62 YEARS R/AT KUMERU HOUSE ADKA KIULAI POST, MANGALURU D K DISTRICT-575019. SINCE DECEASED R-2 AND R-3 ARE THE LRs., OF DECEASED R-1.

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SMT YASHODA W/O MR. A M JAYASHEELA AGED ABOUT 59 YEARS R/AT KUMERU HOUSE ADKA KIULAI POST MANGALURU, D K DISTRICT-575019.

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MR. JAGANNATHA S/O MR. A M JAYASHEELA

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2 - NC: 2024:KHC:47652 MFA No. 3432 of 2020

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AGED ABOUT 36 YEARS R/AT KUMERU HOUSE ADKA KIULAI POST MANGALURU, D K DISTRICT-575019.

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MR. J N GOWTHAM S/O MR. G A NARASIMHA GOWDA AGED ABOUT 32 YEARS R/AT HOUSE NO.484, HOUSING BOARD COLONY, HASSAN-573210.

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UNITED INDIA INSURANCE CO. LTD., REP BY ITS MANAGER I FLOOR PRABHU BUILDING OPP ARUNA TALKIES PUTTUR-574201.

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…RESPONDENTS (BY SMT. AISHWARYA S.M., FOR SRI.PARASHURAM.A.L., ADVOCATE FOR R-2 & R-3; SRI. JANARDHAN REDDY., ADVOCATE FOR R-5; R-2 AND R-3 TREATED AS LR’s OF DECEASED R-1; VIDE ORDER DATED:22.11.2024 NOTICE TO R-4 IS HELD SUFFICIENT)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 01.08.2012, PASSED IN MVC NO.788/2010, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MACT, MANGALURU, AWARDING COMPENSATION OF RS.2,69,000/-, WITH CURRENT AND FUTURE INTEREST AT THE RATE OF 6 PERCENT P.A.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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3 - NC: 2024:KHC:47652 MFA No. 3432 of 2020

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ORAL JUDGMENT

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On 20.02.2008, an accident occurred in which the pillion rider Vijay Kumar suffered grievous injuries and was killed. As a consequence, his parents preferred a claim petition and the Tribunal has awarded a sum of Rs.2,69,000/as the compensation.

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This appeal is by Abdul Hameed, who had been arraigned as respondent No.3 before the Tribunal. He contends that he has sold the motor cycle on 29.10.2007 i.e., about four months prior to the accident and the registration was also changed in the name of respondent No.4 – J N Gowtham. He submits that only because the certificate of insurance was still standing in the name of the appellant, the Tribunal has made him liable as the motor vehicle was covered only by a statutory policy and the risk of the pillion rider was not covered under the Policy.

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4 - NC: 2024:KHC:47652 MFA No. 3432 of 2020

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It cannot be in dispute that the moment a motor vehicle is transferred, the certificate of insurance that has been issued in favour of the registered owner will also stand transferred in the name of the purchaser. In that view of the matter, the liability fastened on the appellant on the ground that the insurance policy stood in his name cannot be sustained. The impugned award in so far as it relates to fastening liability on the appellant is set aside and it is held that respondent No.4 – J N Gowtham, who was the registered owner as on 20.02.2008, would be liable

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for satisfying the award of the Tribunal. This appeal is accordingly allowed .

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The amount in deposit, if any, shall be refunded to the appellant.

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Sd/- (N S SANJAY GOWDA) JUDGE

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GSR

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List No.: 1 Sl No.: 14

Mr. Abdul Hameed v. Mr. a M Jayasheela

Case brief

What is this about?

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Mr. Abdul Hameed v. Mr. a M Jayasheela

Case brief

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