The New India Assurance Co Ltd vs Victor Lawrence Costolian Since ... on 7 August, 2009

[Cites 1, Cited by 2]

Karnataka High Court

The New India Assurance Co Ltd vs Victor Lawrence Costolian Since ... on 7 August, 2009

Bench: B.V.Nagarathna

MFA No.21309 of 2008

IN THE HIGH COURT 01-' KARNATAKA 
CIRCUIT BENCH AT DHARWAD 2  E
DATED THIS THE 7th DAY OF AUGUST 20109    
BEF0RE=ET V V% V
THE HON'BLE MRs.JUsT:CE__ :E,jf.NAq.{A;:AT}!:'NAV " 
MESCELLANEOUS FIRST AP3§:EA'L N§$.2.1339j:26'€§é"('MVC1 'V
BETWEEN: ' 1' %* A'
The New India AssuraI'1VC4é'   
111, Code 670300 N¢;9~,- E jy * *
Mahalaxmi {.3h~a..rjfiber~, __ 
M G Road',..Eangé}lore;_' __    
By Its Region;i}_».OffiCe,'"V-ff  
2--B, Unity  :3.L_r'11.1é.:<:'t:«,...._

P.Ka1jfnga Road, _1\/ﬁssion. Rbvad,
Rep By Its Regiofngﬂ .M'a:}ager. ...APPELLANT

(By Sri.  Advocate)

A  Victo'1<Tvv.T;av(r1*e'1:ce Costolian

since décéaséd by his LRS

  1. Lay Aw/0 Victor Castolian, Age 44 Yrs,
'  .. _OCC*H0usehoId, R/O Athani,

 _ Dist: Belgaum.



MFA No.2 1309 of 2008

2. Vanita D / 0 Victor Castolian,
Age: 21 years

3. Vanish D / 0 Victor Costolian,
e Age: 19 years,

4. Winlai S/O Victor Castolian,   
Age 6 Years, Minor, 
(Minor represented by In / g A

mother Respondent No.1}

5. Dharrnanna s/o Ambanna'~.Kor_e
Age Major, Occ: Driver,  it 
R/O Anantapur, '    .  

Tq Athani, Dist: Belga'um=.      RESPONDENTS

(By Sri. Jagadi--sh_- Pat::1. VAlc{§ocate'_jforv' R}1§R4)
(R5 -- servredt) A A ' 

lThi's'  first appeal is filed under
Section' l)'~of".tl:.e""lVlotor Vehicles Act against the
judgment and 'award dated 3.6.2008 passed in MVC

 Netf.j1'5:?4/2003 lor1""-the file of the Principal Civil Judge
 A (St.-.._i3n';) Additional MACT, Gokak, awarding a
H coir1penslat.ioi:t"lVof Rs.90,422/» with interest @ 6% pa.

from the date of claim petition, till realisation.

 This miscellaneous first appeal coming on for

'adrriission, this day, the court delivered the following:



MFA No.21309 of 2008

JUDGMENT

This appeal is ﬁled by the challenging the liability to satisfy the l= respect of the damage caused insured in MVC No.1574/ dated 03.06.2008 by MACT

2. Heard the appellant and the learned 1 to 4.

;:::_fo1~i.._j'the' iiafapelliant submits that the insured viz.,. 'Vi¢tot .t,l;;a.x_y'1°er;ee Castolian had got his vehicle in's1_1i"ed appel1ant--insurar1ce company in respe_(;_t.»of the damage caused to Toyota Qtialis~.beai*irig.._registration No. KA.23/MA.88, petition iiizder $eoti'or-EVV166 of the Motor Vehicle Act was filed. T_Howev.er;;_Without considering the maintainability of the V' :f_"said""~«petition, the Tribunal has awarded damages of l Rs.90,422/-- along with interest at the rate of 6% per ./I MFA No.21309 of 2008 annum from the date of claim petition till realisation. He submits that when the insured has contract with the appe11ant--Insurance cannot ﬁle a claim petition under"'S'ec.tion seeking damages in respect oi therefore, the Tribunal such' petition.

4. Per cor:-trra, counsel for respondent instant case, on was travelling in the via Gokak aiong with his brotheiznat p.rn., the driver of the vehicle wafﬂdrijfing thevehiele on BeIgaum--Gokak Road near /--'s.:PR'i(3_ on account of rash and negligent driving of'th_e:idriVer there was an accident and damage cjwas caused to the vehicle; that the injured had spent cognsiderable sums of money for repairs and, therefore, k.

MFA No.21309 of 2008 he is entitled to compensation, and therefore, a petition was ﬁled under Section 166 of the Motor VehicI_e»s_:

5. Having heard the counsel on perusal of the material on arises for my consideration under Section 166 of the have been filed by the i1i;_i,.d_ama,<A§eHicaused to the insured vehicle.

6. the"'4'_rIiateria1 on record and, partic;uiar1y,*' i-sma copy of the insurance policy, it is 'the insured Victor Lawrence Castclian the Vehicle insured with the ii'"app'e11ant»~insurance company for own damage claim the risk to the damage caused to the vehic1e..,_"£s-,covered under the policy. However, under ,V,p.i'Section""I.66 read with Section 165 of the Motor Vehicles Act', "a claim can be made in respect of death or bodily "injury or damage to the property of third party on ./' MFA No.2l309 of 2008 account of the accident due to user of vehicle, but-._.___such a claim petition cannot be ﬁled by the insured refsp'e.ct of the damage caused to his vehicle before, V' Accident Claims Tribunal.

7. The only rernedy fo'r«--t_he claim before the on the basis of insurance by him and seek cornpensation _.ror.-- caused to his vehicle. 166 of the Mot0rvpVVehii';1.eis However, liberty is reserved at vvho is since deceased and who is repres.enVted'by~ih.is legal representatives to make a before--~.,th_e. appe11ant--insurar1ce company in *r;e"spec~t__o~f damage caused to the vehicle insured. On petition being made, the appellant shall consider: and pass necessary orders Within a period of it 'V~ff'tvvo"'-months from the date of receipt of the claim form. Respondent Nos.1 to 4, the legal heirs of the insured, he MFA N0.21309 of 2008 are at liberty to take any appropriate legai action against the appellant in the event of the claim satisfied, in accordance with law. Hence, appeal is allowed, "tl}ieV::'a}3t?--;fJe Tudgfé"

observations.

Unlock Advanced Research with PRISMAI

Karnataka High Court