United India Insurance Co.Ltd., v. Halesh @ Halappa S/O. Mardeppa Bellari
Motor Vehicles Act, 1988 – Appeals under S.173(1) by insurer against common MACT award
Case brief
What is this about?
MFA No.101013/2015 c/w MFA No.101014/2015; United India Insurance Co. Ltd. v. claimants and owner (G. Ranganath, vehicle No.KA-15/H-6821); Karnataka HC Dharwad Bench; Justice Ashok S. Kinagi; decided 18.09.2025 (NC: 2025:KHC-D:12705); S.149 and S.173(1), Motor Vehicles Act, 1988; burden of proving subsisting insurance on claimant/owner; Exhibit R-2 proposal-form verification showing premium unpaid; RW-1 deposition; MVC No.564/2009 and MVC No.484/2010, Addl. MACT Ranebennur; award dated 19.04.2013 partly set aside qua insurer; owner alone liable to pay Rs.2,83,400 and Rs.1,16,000 with 6% interest; refund of insurer's deposit; accident dated 23.03.2009 involving motorcycles KA-27/L-9622 and KA-15/H-6821.
What did the court decide?
Miscellaneous First Appeals allowed; the Tribunal's judgment and award dated 19.04.2013 in MVC No.564/2009 and 484/2010 partly set aside and the claim petitions against the insurance company dismissed; owner of the offending vehicle directed to deposit the awarded compensation with accrued interest within 8 weeks of receipt of a copy of the judgment; amounts deposited by the insurance company ordered to be refunded to it; office directed to transmit the TCRs to the Tribunal forthwith.