M/S Icici Lombard General Ins Co Ltd vs Smt Lakshmamma on 28 March, 2013

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Karnataka High Court

M/S Icici Lombard General Ins Co Ltd vs Smt Lakshmamma on 28 March, 2013

Bench: N.Ananda

                           1


  IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 28TH DAY OF MARCH 2013

                       BEFORE

           THE HON'BLE MR.JUSTICE N.ANANDA

                M.F.A.No.2578/2010 (MV)

BETWEEN:

M/S ICICI LOMBARD GENERAL INSURANCE CO. LTD.
REGIONAL OFFICE, TRESTING CORNER
I FLOOR, # 62/1, RICHMOND ROAD
BANGALORE - 25
NOW REP. BY ITS MANAGER-LEGAL
ICICI LOMBARD GENERAL INSURANCE CO. LTD.
# 89, II FLOOR, SVR COMPLEX
HOSUR MAIN ROAD, MADIVALA
BANGALORE-560 068.                   ... APPELLANT

(BY SRI A N KRISHNA SWAMY, ADVOCATE)


AND :


1. SMT LAKSHMAMMA
   W/O LATE NARAYANAPPA
   AGED ABOUT 37 YEARS
   R/A ABBIGERE VILLAGE
   CHIKKABANAVARA POST
   BANGALORE NORTH TALUK

2. KUMARI SOUMYA
   D/O LATE NARAYANAPPA
   AGED ABOUT 16 YEARS
   SINCE MINOR REP BY HER NATURAL
   GUARDIAN MOTHER LAKSHMAMMA
                             2


  R/A ABBIGERE VILLAGE
  CHIKKABANAVARA POST
  BANGALORE NORTH TALUK

3. MASTER SUNI
   S/O LATE NARAYANAPPA
   AGED ABOUT 14 YEARS
   SINCE MINOR REP BY HIS NATURAL
   GUARDIAN MOTHER LAKSHMAMMA
   R/A ABBIGERE VILLAGE
   CHIKKABANAVARA POST
   BANGALORE NORTH TALUK

4. PUTTABYLAPPA
   S/O LATE ANJINAPPA, MAJOR
   R/O ABBIGERE VILLAGE
   CHIKKABANAVARA POST
   YESHWANTHPURA HOBLI
   BANGALORE-560 090.                   ... RESPONDENTS

(R1 & R4 - SERVED; R2 & R3 ARE MINORS, REP. BY R1)


     THIS APPEAL IS FILED U/S 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:23.11.2009
PASSED IN MVC NO.8368/2008, ON THE FILE OF XIII
ADDITIONAL SMALL CAUSE JUDGE & MEMBER, MACT,
COURT OF SMALL CAUSES AT BANGALORE, AWARDING
COMPENSATION & ETC.


     THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                                3


                      JUDGMENT

The Insurance Company has filed this appeal to set aside the impugned award as it relates to fastening liability on Insurance Company, inter alia contending that driver of tractor-trailer was not holding valid and effective driving licence on the date of accident and Tribunal should have restricted compensation payable to claimants under the provisions of the Workmen's Compensation Act, 1923 (for short, 'W.C.Act').

2. Heard the learned counsel for appellant.

3. The Tribunal has held that driver of tractor-trailer was holding a learner's licence on the date of accident, therefore Insurance Company cannot avoid its liability.

4. As could be seen from copy of policy, Insurance Company has collected additional premium of Rs.25/- towards legal liability to Coolie in terms of endorsement IMT-

39. In view of this, appellant cannot be permitted to contend that Insurance Company is not liable to pay compensation 4 and Tribunal should have restricted compensation payable to claimants under the provisions of W.C.Act. There is no merit in the appeal.

5. The appeal is dismissed. The amount deposited by Insurance Company shall be transferred to Tribunal.

Sd/-

JUDGE SNN

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Karnataka High Court