Dismissed¶35

The United India Insurance Company Limited v. Ningamma Alias Lingamma

Karnataka HC16 Sept 2025MFA/386/2016

Case brief

AI extract

What is this about?

High Court of Karnataka, Bengaluru (Hon'ble Mrs. Justice P Sree Sudha, 16-09-2025), MFA No. 386 of 2016 (MV-D): United India Insurance Co. Ltd. v. Ningamma alias Lingamma (since dead by LRs) and others. Appeal under S.173(1) MV Act against the award dated 29.9.2015 of MACT-7, Bengaluru in MVC No.7875/2012 (compensation Rs.4,12,500/- with 6% interest). Claim had been filed under Section 163-A of the Motor Vehicles Act, 1988; negligence cannot be questioned under Section 163-A; appeal dismissed as infructuous.

What did the court decide?

Since the claim petition was filed under Section 163-A of the Motor Vehicles Act, 1988, the appellant Insurance Company cannot question negligence under Section 163-A. ¶34

The United India Insurance Company Limited Vs… — Motor Accident Claims | Karnataka HC (2025)

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NC: 2025:KHC:37563 MFA No. 386 of 2016

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 386 OF 2016 (MV-D)

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BETWEEN:

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THE UNITED INDIA INSURANCE COMPANY LIMITED REGIONAL OFFICE, NO. 25, M.G. ROAD, SHANKARANARAYAN BUILDING, BANGALORE- 560 001. NOW AT HUDSON CIRCLE, BANGALORE- 560 001. REP BY ITS MANAGER P. NAVAMANI.

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…APPELLANT

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(BY SRI. L SREEKANTA RAO, ADVOCATE)

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AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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NINGAMMA ALIAS LINGAMMA W/O LATE B H GANGADHARAIAH,

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SINCE DEAD BY LRS

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1(A) CHANDRAPPA, S/O LATE GANGADARAIAH,

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1(B) RAJANNA, S/O LATE GANGADARAIAH,

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1(C) PRAKASH, S/O LATE GANGADARAIAH,

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ALL ARE RESIDING AT NO.45, 2^ND MAIN ROAD, RAGHAVANAGAR, OPPOSITE TO PAINT AND HARDWARE SHOP,

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2 - NC: 2025:KHC:37563 MFA No. 386 of 2016

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HC-KAR

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NEW TIMBER YARD LAYOUT, BANGALORE- 560026.

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DISTRICT HEALTH FAMILY WELFARE OFFICER (DHWO) C/O GVK EMERGENCY, MANAGEMENT AND RESEARCH INSTITUTE STDC, HOUSING BOARD COLONY, OPP: GOVT UNANI MEDICAL COLLEGE, GMS COMPOUND, MAGADI ROAD, BANGALORE- 560 079

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THAMMAIAH S/O LATE RANGAIAH, NO. 30, 8TH MAIN, 9TH CROSS, AGRAHARA DASARAHALLI, MAGADI ROAD, BANGALORE- 560 079

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…RESPONDENTS

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(BY SRI. R.A.MACHKKANUR, AGA FOR R2; SRI. K.V.SHYAMA PRASAD, ADVOCATE FOR R1 (A TO C); V/O DT 22.04.21, SERVICE OF NOTICE TO R3 H/S)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.9.2015 PASSED IN MVC NO.7875/2012 ON THE FILE OF THE 9TH ADDITIONAL SMALL CAUSES JUDGE, 34TH ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, AWARDING A COMPENSATION OF RS.4,12,500/- WITH INTEREST @ 6% P.A FROM THE DATE OF THE PETITION TILL THE DATE OF PAYMENT.

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

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NC: 2025:KHC:37563 MFA No. 386 of 2016

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HC-KAR

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the Insurance Company disputing the finding of negligence. However, the claim petition was filed by the claimant under Section 163-A of the Motor Vehicles Act, 1988. Therefore, the learned counsel for the appellant states that they cannot question negligence under Section 163-A of the Motor Vehicles Act, 1988.

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Hence, the appeal stands dismissed as infructuous.

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Sd/(P SREE SUDHA) JUDGE

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TMP List No.: 1 Sl No.: 45

The United India Insurance Company Limited v. Ningamma Alias Lingamma

Case brief

What is this about?

What did the court decide?

The United India Insurance Company Limited v. Ningamma Alias Lingamma

Case brief

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What did the court decide?

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