Dismissed¶34

National Insurance Company Ltd. v. Igneshamma

Karnataka HC8 Jan 2026MFA/8105/2018

Case brief

AI extract

What is this about?

Karnataka HC, MFA 8105/2018 (MV-I), decided 08-01-2026 by Justice C.M. Poonacha; National Insurance Company Ltd (appellant/insurer) vs Igneshamma and Sagay Mary (claimants); challenges MACT award (MVC 554/2016, SCCH-16) of Rs.1,55,000 + 9% interest; issue: driver's LMV (non-transport) licence vs Maxicab insured vehicle; resolved via Mukund Dewangan v. Oriental Insurance Co. Ltd., (2017) 14 SCC 663 (LMV includes transport vehicle up to 7,500 kgs GVW); gross weight within limit; liability upheld; appeal dismissed; deposit to be transmitted to Tribunal.

What did the court decide?

None to the appellant-insurer; the amount deposited by the appellant shall be transmitted to the Tribunal for disbursement in terms of the award of the Tribunal. ¶34

National Insurance Company Ltd. Vs Igneshamma — Motor Accident Claims | Karnataka HC (2026)

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1 - NC: 2026:KHC:1087 MFA No. 8105 of 2018

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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 8^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 8105 OF 2018 (MV-I)

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BETWEEN:

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NATIONAL INSURANCE COMPANY LTD BENGALURU DIVISION I THIRD FLOOR, UNITY BUILDING ANNEX NO.72, MISSION ROAD P B NO.2701 BENGALURU-560027 BY ITS MANAGER

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…APPELLANT

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(BY SMT. RENUKA H R.,ADVOCATE)

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AND:

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Digitally signed by NIRMALA DEVI

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Location: HIGH COURT OF KARNATAKA

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IGNESHAMMA W/O NELSON AGED ABOUT 35 YEARS R/O KALENA AGRAHARA VILLAGE CHURCH STREET, SOS BANNERGHATTA ROAD BENGALURU-560076

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SAGAY MARY W/O SAMES VINCENT ADULT NO.380, CHIKKMANAHALLI ROAD HOMMDEVANAHALLI NEAR GOTTEIGERE POST BENGALURU-560083

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…RESPONDENTS

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(BY SRI. A DHANANJAYA.,ADVOCATE FOR R1)

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2 - NC: 2026:KHC:1087 MFA No. 8105 of 2018

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.06.2018 PASSED IN MVC NO.554/2016 ON THE FILE OF THE 10TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU (SCCH-16), AWARDING COMPENSATION OF RS.1,55,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALISATION.

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

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CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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The present appeal is filed by the insurer challenging the judgment and award dated 30.06.2018 passed in MVC No.554/2016 by the 10^th Additional Judge, Court of Small Causes, MACT, Bengaluru (SCCH-16)¹ , whereunder the Tribunal has awarded a total compensation of `1,55,000/- along with interest at 9% pa.

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The sole ground on which the insurer has filed the present appeal is that the finding of the Tribunal holding the insurer liable to pay the compensation is erroneous inasmuch as the insured vehicle was a Maxicab and the driver had a driving licence to drive a Light Motor Vehicle (non transport).

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1 hereinafter referred to as 'Tribunal'

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NC: 2026:KHC:1087 MFA No. 8105 of 2018

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HC-KAR

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