Dismissed¶¶23

The Divisional Manager v. Sri Mohammed Irfan

Karnataka HC16 Jan 2025MFA/2536/2017

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), Dr. Justice Chillakur Sumalatha, oral judgment dated 16.01.2025 in MFA No. 2536 of 2017 (MV-I): appeal by Divisional Manager, New India Assurence Co. Ltd. under S.173(1) MV Act against award dated 03.01.2017 in MVC No.1202/2013 (MACT Mangaluru; III Addl. Senior Civil Judge & JMFC) of Rs.1,11,852/- with 6% p.a. interest; appeal dismissed and award confirmed; liability dispute rested on alleged violation of policy terms by the insured; no case citations; no dissent.

What did the court decide?

None to the appellant; the Tribunal's judgment and award dated 03.01.2017 in MVC No.1202/2013 stands confirmed. ¶¶23

The Divisional Manager Vs Sri Mohammed Irfan — Motor Accident Claims | Karnataka HC (2025)

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NC: 2025:KHC:1571 MFA No. 2536 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.2536 OF 2017(MV-I)

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BETWEEN:

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THE DIVISIONAL MANAGER, NEW INDIA ASSURENCE CO. LTD., II FLOOR, CENTENARY BUILDING, GHS ROAD, MANGALORE - 575 001. (REPRESENTED BY ITS DIVISIONAL MANAGER)

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…APPELLANT

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(BY SRI. SANMATHI E. I.,ADVOCATE)

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AND:

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SRI. MOHAMMED IRFAN, S/O LATE IBRAHIM, R/O MANALA KANNUR, ADYAR VILLAGE, MANGALORE TALUK - 575 001.

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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SRI. S. NAVEENKUMAR, S/O SRINIVAS, KIRODIAN 49 YEARS, R/O NO. 76-18/2, BHAVANDADI HOUSE, AGRAMELU SURATKAL, MANGALORE TALUK - 575 014.

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…RESPONDENTS (R2 IS SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.01.2017 PASSED IN MVC NO.1202/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MANGALURU, D.K, AWARDING COMPENSATION OF RS.1,11,852/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALISATION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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NC: 2025:KHC:1571 MFA No. 2536 of 2017

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ORAL JUDGMENT

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Heard Sri.H.C.Vrushabhendraiah who represents Sri.E.I.Sanmathi learned counsel on record for the appellant.

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Learned counsel for the appellant submits that the appellant challenged the order that is passed by the Motor Accident Claims Tribunal, Mangaluru, Dakshina Kannada in MVC No.1202/2013 dated 03.01.2017.

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Learned counsel states that the appellant filed the appeal disputing its liability to pay compensation on the ground that the insured violated the terms and conditions of the policy. Learned counsel also submits that in the light of the recent rulings of the Hon'ble Apex Court, the cause does not survive and therefore, the appeal may be disposed of accordingly.

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Having considered the submission thus made, the appeal stands dismissed confirming the order that is rendered by the Motor Accident Claims Tribunal, Mangaluru, Dakshina Kannada, in MVC No.1202/2013 dated 03.01.2017.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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DS CT:TSM List No.: 1 Sl No.: 16

The Divisional Manager v. Sri Mohammed Irfan

Case brief

What is this about?

What did the court decide?

The Divisional Manager v. Sri Mohammed Irfan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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