The Branch Manager v. Revanna
Case brief
What is this about?
MFA No. 924 of 2017 (MV-I), High Court of Karnataka (C.M. Poonacha J., 24-07-2025), United India Insurance Co Ltd v. Revanna and others: permit-condition violation (10 km city limit vs 18 km accident spot) held not a defence u/S 149(2) MV Act; S.192(A)(1) route/area contravention attracts only penal consequences; breach of policy condition must be intentional or fundamental (Cholamandalam DB, Yallavva FB, Basavanthappa relied on); Rani and Amrit Paul Singh distinguished; interest reduced 9% to 7% p.a.; compensation Rs.2,16,400/- payable by insurer; appeal allowed in part.
What did the court decide?
Appeal allowed in part: the Tribunal's award is modified to the extent that the compensation is payable by the insurer with interest at 7% per annum (reduced from 9%) from the date of petition till the date of payment; in all other respects the award remains unaltered; the amount deposited is to be transmitted to the Tribunal; the appellant to deposit the balance with accrued interest within six weeks, any excess to be refunded; Registry to draw the modified award; no costs.