Supreme Court - Daily Orders
N.K. Sadashivappa vs The Branch Manager M/S Bajaj Allianz ... on 20 March, 2023
Bench: A.S. Bopanna, Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1786 OF 2023
(Arising out of SLP (C)Dy. No.2335 of 2018)
N.K. SADASHIVAPPA APPELLANT(S)
VERSUS
THE BRANCH MANAGER,
M/S BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD & ANR. RESPONDENT(S)
O R D E R
Delay condoned.
Leave granted.
Heard learned counsel for the appellant as also learned counsel for the respondents and perused the appeal papers.
The short question which arises for consideration is as to whether in the instant facts the MACT as also the High Court were justified in exonerating the Insurance Company from reimbursing the compensation. The driver of the vehicle had possessed the license to drive a `light motor vehicle’ while the motor vehicle which was driven by him at the time of accident was a transport vehicle of which the gross weight was 10,800 kgs.
In that regard though learned counsel for appellant seeks to rely on the judgment of this Court in the case of Mukund Dewangan Vs. Oriental Insurance Co. Ltd. reported in Signature Not Verified (2017) 14 SCC 663, Digitally signed by Rajni Mukhi Date: 2023.03.21 more 17:20:24 IST Reason: particularly, paragraphs 60.1 & 60.2, the benefit of the 1 C.A. NO. 1786 OF 2023 same would not enure to the appellant herein since the decision therein would indicate that the appellant would have the benefit only if the gross weight of the transport vehicle in question was less than 7,500 kgs. Therefore, we see no reason to entertain this appeal.
The appeal is, accordingly, disposed of.
……………………………………………………J. [A.S. BOPANNA] ……………………………………………….J. [HIMA KOHLI] NEW DELHI;
MARCH 20, 2023
2
ITEM NO.3 COURT NO.12 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION FOR SPECIAL LEAVE TO APPEAL(C) DY. NO.2335/2018 (From the impugned common Judgment and final order dated 02.06.2016 passed by the High Court of Karnataka, Dharwad Bench in M.F.A.No.25218 of 2010 (MV)) N.K. SADASHIVAPPA Appellant(s) VERSUS THE BRANCH MANAGER, M/S BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD & ANR. Respondent(s) (IA No.19910/2018-CONDONATION OF DELAY IN FILING) Date : 20-03-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Appellant(s) Mr. C.B.Gururaj, Adv.
Mr. Prakash Ranjan Nayak, AOR Mr. Pramit Chhetri, Adv.
Mr. Animesh Dubey, Adv.
For Respondent(s) Mr. Siddharth Mehta, Adv.
Mr. Anand Dilip Landge, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is disposed of in terms of signed order. Pending application(s) shall stand disposed of.
(RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file) 3