Dismissed

M/S Bharti Axa General Insurance Company Limited v. Minor B Mukesh S/O Late Babu Lal

Karnataka HC9 Jul 2024WP/105670/2023

Case brief

AI extract

What is this about?

Writ petition challenging a Motor Accidents Claims Tribunal award of less than Rs. 10,000 dismissed because the insurer was willing to deposit the amount. The court allowed the deposit but kept open the insurer's right to challenge liability in a pending miscellaneous appeal.

What did the court decide?

Petition dismissed; deposit of awarded compensation permitted.

M/S Bharti Axa General Insurance Company Limited Vs… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC-D:9434 WP No. 105670 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9^TH DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 105670 OF 2023 (GM-AC)

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BETWEEN:

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M/S. BHARTI AXA GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, PLOT NO.3/9, GROUND FLOOR, NIRANJAN BUILDING, WARD NO.16, DR. RAJ KUMAR ROAD, BALLARI, NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY.

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…PETITIONER

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(BY SRI. S.K. KAYAKAMATH, ADVOCATE)

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AND:

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YASHAVANT NARAYANKAR

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Digitally signed byYASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench Date: 2024.07.26 15:56:08 +0530

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MINOR B. MUKESH S/O. LATE BABU LAL, AGE: 14 YEARS, STUDENT, SINCE MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT. PUSHPA DEVI W/O. LATE BABU LAL, AGE: 31 YEARS, R/O. NEAR BSNL OFFICE, MADAKERI NAGAR, CHALLAKERE, PRESENTLY RESIDING AT 2^ND CROSS, DEVI NAGAR, BALLARI-583101.

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PRAKASH V. S/O. SUBBA RAO V., AGE: 48 YEARS, DRIVER OF THE CAR BEARING REGISTRATION NO. KA 34/N.3049 R/O. BATRI CANTONMENT POST, BALLARI-583101.

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DR. M. MALATHI RAJSHEKHAR @ RAJSHEKHAR M. MALATHI W/O. D. RAJSHEKHAR REDDY, AGE: 40 YEARS, OWNER OF THE CAR BEARING REGISTRATION NO. KA 34/N-3049, R/O. ABHI COMPLEX, 3^RD FLOOR, S.P. CIRCLE, BALLARI-583101.

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…RESPONDENTS

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(R2 & R3 ARE SERVED)

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2 - NC: 2024:KHC-D:9434 WP No. 105670 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL THE RECORDS, HEAR THE PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 21.01.2017 PASSED BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI IN M.V.C. NO.1127/2015, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned counsel appearing for the petitioner-

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Insurance Company has brought to the notice of this court that the compensation awarded in this petition is less than Rs.10,000/- and therefore, that led to filing of writ petition

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before this court. Since the amount is negligible, the learned counsel on record submits that Insurance Company is willing to deposit the compensation awarded. However, there is a serious challenge to the liability fastened on the petitioner-Insurance Company, the issue shall be kept open to be agitated in the pending miscellaneous appeal, in case of a claim petition relating to death.

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2. By noting the submission made by the learned

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counsel for the petitioner-Insurance Company, this petition

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3 - NC: 2024:KHC-D:9434 WP No. 105670 of 2023

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is dismissed. However this order will not come in the way of the petitioner-Insurance Company in challenging the liability fastened on them in the pending miscellaneous appeal.

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The amount in deposit shall be remitted to the

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Tribunal to enable the claimants to withdraw the compensation amount.

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Sd/JUDGE

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MBS Ct-mck List No.: 1 Sl No.: 13

M/S Bharti Axa General Insurance Company Limited v. Minor B Mukesh S/O Late Babu Lal

Case brief

What is this about?

What did the court decide?

M/S Bharti Axa General Insurance Company Limited v. Minor B Mukesh S/O Late Babu Lal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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