Case brief
What is this about?
Insurance appeal; no valid driving licence; pay and recovery; Pappu v. Vinod Kumar Lamba (2018) 3 SCC 308 relied on; Swarn Singh 2004 ACJ 1 (SC) referred by counsel; Cholamandalam MS GIC Ltd; MVC No.251/2019, Additional Senior Civil Judge and MACT Srirangapatna; award Rs.4,14,852 with 6% p.a. interest confirmed; recovery from vehicle owner; notional income Rs.11,000 per month, injured aged about 16; charge sheet Ex.P7 under S.3(1) r/w 181, S.5 r/w 180 MV Act; MFA No.5017 of 2024 (MV-I); Justice P Sree Sudha; decided 05.03.2026; Karnataka High Court.
What did the court decide?
Appeal allowed; judgment and award dated 31.10.2023 in MVC No.251/2019 confirmed; claimant entitled to Rs.4,14,852/- with 6% p.a. interest from the date of petition till realization; appellant-insurer (which had already deposited 50% of the award amount) directed to deposit the balance with 6% interest within one month, on which the claimant may withdraw the entire amount with accrued interest; insurer at liberty to recover the amount from the vehicle owner by due process of law; deposited amount to be transferred to MACT and trial court records to be sent back to the Tribunal.