Chandrashekar v. Anbalagan G

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Karnataka High Court, Bengaluru (single judge, C.M. Poonacha; oral judgment dated 08.01.2026; NC: 2026:KHC:1084) on connected Miscellaneous First Appeals (MV-I) Nos. 5566, 5567 and 5568 of 2017 filed under S. 173(1) of the MV Act by Chandrashekar s/o Venugopal, owner of an insured tempo (unladen weight 1500 kgs) driven on an LMV (NT) licence, challenging MACT Bengaluru (SCCH-15) awards dated 28.11.2014 in MVC Nos. 1074/2013, 1075/2013 and 1076/2013 (Rs. 2,65,000/-, Rs. 2,03,000/- and Rs. 2,93,000/- at 8% interest) that exonerated United India Insurance Company Limited and fastened liability solely on the owner. Court relied on Mukund Dewangan v. Oriental Insurance Company Ltd., (2017) 14 SCC 663 (LMV includes transport vehicles up to 7500 kgs GVW) to find the insurer liable; rejected the insurer's plea of absence of fitness certificate and claimed right of recovery from the owner, relying on Karnataka HC Division Bench decisions in The Legal Claim Manager, IFFCOTOKIO General Insurance Co. Ltd. v. Smt. Laxmavva (MFA Nos. 100858/2022 c/w 103047/2022, 19.11.2025) and The Oriental Insurance Co. Ltd. v. Kumara (MFA Nos. 7792/2015 c/w 6449/2015, 21.12.2020); interest reduced to 7% p.a.; insurer and owner declared jointly and severally liable; insurer to deposit within four weeks; appellant's deposit refundable; appeals allowed in part. Search terms: insurer liability, LMV (NT) licence, transport vehicle 7500 kg, fitness certificate, joint and several liability, interest reduction, motor accident compensation, MACT Bengaluru SCCH-15, United India Insurance, owner versus insurer.