Reliance General Insurance Co. Ltd. Vs Sri Rathnakara Narayana

RELIANCE GENERAL INSURANCE CO LTD MAXIMUS COMMERCIAL COMPLEX, 4^TH FLOOR, LIGHT HOUSE HILL ROAD, OPP. KMC MEDICAL COLLEGE, MANGALURU CITY - 575 001 REPRESENTED BY THEIR, AUTHORIZED SIGNATORY REP BY ITS MANAGER LEGAL NO.28, 5^TH FLOOR, EAST WING, CENTENARY BUILDING, M.G.ROAD, BENGALURU - 560001.

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Digitally Signed by REKHA R Location : High Court of Karnataka

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(BY SRI. D VIJAYAKUMAR.,ADVOCATE) AND:

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…APPELLANT

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SRI RATHNAKARA NARAYANA S/O LATE NARAYANA, AGED ABOUT 53 YEARS,

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MASTER SHREE RAAG R S/O RATHNAKARA N AGED ABOUT 17 YEARS,

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2 - NC: 2025:KHC:45754-DB MFA No. 3046 of 2024

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HC-KAR

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MISS. SHIKHA R. D/O RATHNAKARA N AGED ABOUT 10 YEARS,

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SINCE THE RESPONDENT NO.2 & 3 ARE MINOR, REP BY THEIR FATHER AND NATURAL GUARDIAN SRI RATHNAKARA NARAYANA.

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ALL ARE R/AT D.NO.5-4-210/10 THUSALI, MANNAGUDDA MAIN ROAD, BEHIND ASHWINI BUILDING, BALLALBAGH, POST KODIALBAIL, MANGALURU CITY - 575 003 D.K.DISTRICT.

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SRI A NAVEEN, S/O G.V. AYYAPPAN, MAJOR, R/AT D.NO. 1-25-2096/1 HOIGEBAIL ROAD, URWA, POST ASHOKNAGAR, MANGALURU - 575 006

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SINCE DEAD BY HIS LRS MOTHER MRS. A. PREMA, W/O G.V. AYYAPPAN, R/AT D.NO. 1-25-2096/1 HOIGEBAIL ROAD, URWA POST, ASHOKNAGAR MANGALURU - 575 006.

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…RESPONDENTS

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(BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE FOR R1 TO R3)

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3 -

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NC: 2025:KHC:45754-DB MFA No. 3046 of 2024

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT 1989 AGAINST THE JUDGMENT AND AWARD DATED 15.02.2024 PASSED IN MVC NO.1208/2020 ON THE FILE OF THE MEMBER, MACT-III AND II ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K.MANGALURU, AWARDING COMPENSATION OF RS.26,94,500/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)

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This appeal by the Insurer is against the Judgment and Award dated 15.02.2024 in MVC No. 1208/2020 on the file of the II Additional District Judge and III Additional Motor Accident Claims Tribunal, Mangaluru, D.K. [for short, 'the Tribunal' ]. The Tribunal, by this judgment and award, has partly allowed another claim petition in MVC No.735/2021

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4 - NC: 2025:KHC:45754-DB MFA No. 3046 of 2024

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HC-KAR

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and the subject claim petition in MVC No. 1208/2020 granting to the claimants a total compensation of Rs.26,94,500/- with interest at the rate of 6% per annum.

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It is undisputed that in a road accident on 01.08.2020 Ms. Smitha R., who was riding a scooter, met with an accident involving a motorcycle insured with the appellant. The claimants are her husband and two minor children. The claimants are referred to in this order accordingly, and the appellant is referred to as the Insurer. The Tribunal has computed compensation as aforesaid under the

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following heads:

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*Sl.* *No.*	*Heads*	*Compensation* *amount[Rs.]*
1	Loss of Dependency	24,36,000/-
2	Medical Bills	1,10,000/-
3	Loss of consortium and loss of loveandaffection	1,32,000/-
4	Funeral expenses and loss ofestate	16,500/-
	*Total*	_26,94,500/- _

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5 - NC: 2025:KHC:45754-DB MFA No. 3046 of 2024

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HC-KAR

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3. Sri D. Vijaya Kumar, the learned counsel

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for the appellant, and Sri Ravi Shankar Shastry, the learned counsel for the respondent Nos.1 to 3, are heard for disposal of the petition. There is no dispute about the accident or the claimants’ relationship with the deceased or their dependency on the deceased, and the accident is of the year 2020. The questions presented for consideration are about the Insurer’s liability. It is undisputed that the appellant had issued a policy that would be in vogue between 06.12.2019 and 05.12.2020. The risk was therefore covered under the policy, but the Insurer contends that there is a violation of the policy term because a minor was riding the insured vehicle at the time of the accident.

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However, as observed earlier, the Tribunal by the common judgment has disposed of this claim petition along with the claim petition in No.735/2021, and it is brought on record that the

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6 - NC: 2025:KHC:45754-DB MFA No. 3046 of 2024

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HC-KAR

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appellant has satisfied the award [Rs.26,360/-] in MVC No.735/2021. This Court is of the opinion that,

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because the accident is of the year 2020, even if there is any violation of the policy conditions, the appellant could have argued to pay and recover, but the Insurer has settled the claim in the other claim petition. As such, the appeal stands disposed of. The Registry is directed to transfer the amount in deposit to the Tribunal for disbursement subject to its orders on apportionment and deposit.

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Sd/(B M SHYAM PRASAD) JUDGE

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Sd/(T.M.NADAF) JUDGE

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SA ct:sr

Reliance General Insurance Co. Ltd. v. Sri Rathnakara Narayana

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Reliance General Insurance Co. Ltd. v. Sri Rathnakara Narayana

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