Dismissed

The Branch Manager v. Maruthi D K

Karnataka HC10 Dec 2024MFA/4627/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka appointed a single judge hearing this miscellaneous first appeal filed by an insurance company against a Motor Accident Claims Tribunal award. The insurer contended the tractor was not involved in the accident. The Court held that a suggestion during cross-examination admitted the tractor driver's negligence. Finding no grounds to entertain the appeal, the Court dismiss

What did the court decide?

The appeal was dismissed. An amount in deposit, if any, shall be transferred to the Tribunal for disbursement.

The Branch Manager Vs Maruthi D K — Insurance | Karnataka HC (2024)

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1 - NC: 2024:KHC:51170 MFA No. 4627 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO. 4627 OF 2018

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(MV-I)

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BETWEEN:

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THE BRANCH MANAGER M/S UNITED INDIA INSURANCE COMPANY LTD SHIVAMANGALA BUILDING, CHANNAGIRI MAIN ROAD, BHADRAVATHI TOWN NOW REP BY SENIOR DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., AKKAMAHADEVI ROAD, P J EXTENSION, DAVANAGERE

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…APPELLANT

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(BY SRI. A M VENKATESH., 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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MARUTHI D K S/O KUMARA D T., AGED ABOUT 19 YEARS, STUDENT, R/O THIMMAPPA R/O DEVARAHALLI VILLAGE, CHANNAGIRI TALUK DAVANAGERE TALUK.

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SRINIVASA R S/O RAJAPPA NOW AGED ABOUT 30 YEARS, DRIVER OF TRACTOR R/AT DEVARAHALLI VILLAGE, CHANNAGIRI TALUK DAVANAGERE DIST.

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2 - NC: 2024:KHC:51170 MFA No. 4627 of 2018

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SMT NETRAVATHI G N W/O LOKESHA R, MAJOR R/O THILINEERKATTE VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT

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…RESPONDENTS

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(BY SRI. SATEESH CHANDRA.K.V., ADVOCATE FOR R-1; R-2 AND R-3 ARE SERVED AND UNREPRESENTED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05/02/2018, PASSED IN MVC NO.776/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, CHANNAGIRI, AWARDING COMPENSATION OF RS.5,47,400/- WITH INTEREST AT 6% PER ANNUM FROM THE DATE OF THE PETITION TILL THE REALIZATION.

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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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ORAL JUDGMENT

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In respect of the accident which occurred on 15.06.2016, the Tribunal has awarded a sum of Rs.5,47,400/-. Being aggrieved, the insurer is in appeal.

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The insurer contends that the Tractor was not at all involved in the accident and, therefore, the payment of compensation on the premise that it was a motor vehicle accident cannot be sustained.

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3 - NC: 2024:KHC:51170 MFA No. 4627 of 2018

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During the course of cross-examination, a suggestion

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was made to the claimant's father, who deposed as PW.1 that the accident itself occurred due to the negligence on the part of the driver of the Tractor.

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In my view, this suggestion by itself amounts to an admission by the insurer that the vehicle-in-question was involved in the accident, which resulted in injuries to the claimant.

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Consequently, I find no grounds to entertain the appeal. This appeal is accordingly dismissed .

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The amount in deposit, if any, shall be transferred to the Tribunal for disbursement.

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SD/(N S SANJAY GOWDA) JUDGE

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GSR

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List No.: 1 Sl No.: 6

The Branch Manager v. Maruthi D K

Case brief

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The Branch Manager v. Maruthi D K

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