New India Assurance Co Ltd vs Sri C K Subramanyam on 3 August, 2017

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Karnataka High Court

New India Assurance Co Ltd vs Sri C K Subramanyam on 3 August, 2017

Bench: P.S.Dinesh Kumar

                               1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 03RD DAY OF AUGUST, 2017

                        BEFORE

       THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

               M.F.A.NO.5663 OF 2009 (MV)
BETWEEN:

NEW INDIA ASSURANCE CO. LTD.,
REPRESENTED BY DIVISIONAL MANAGER
4TH FLOOR, TOWER BLOCK
UNITY BUILDING, J.C.ROAD,
BANGALORE - 560 022

REPRESENTED BY
REGIONAL MANAGER,
REGIONAL OFFICE NO.2,
UNITY BUILDING, MISSION ROAD
BANGALORE - 27
                                          ...APPELLANT
(BY SRI R. JAIPRAKASH, ADV.)

AND:

1.     SRI C.K. SUBRAMANYAM
       S/O. KODANDARAMA SETTY
       MAJOR, OPP. THEOSOPHICAL SOCIETY
       POLYTECHNIC ROAD
       K.R.COLONY, CHINTAMANI
       CHIKKABALLAPUR DISTRICT

2.     SRI SRINIVASA
       S/O. BYRAPPA
       NO.47, KUDUPA KUNTA
       DIBBURAHALLI POST
       SHIDLAGHATTA TALUK
       CHIKKABALLAPUR DISTRICT
                                     ...RESPONDENTS
(BY SRI N.M. SWAMY, ADV. FOR R1
NOTICE TO R2 IS SERVED)
                                2



     THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST
THE JUDGEMENT AND AWARD DATED: 29.01.2009 PASSED
IN MVC NO:2621/2007 ON THE FILE OF THE XII ADDITIONAL
JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT,
METROPOLITAN     AREA,    BANGALORE,      (SCCH.NO.8),
AWARDING A COMPENSATION OF RS.80,000/- WITH
INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL
DEPOSIT.

     THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:

                        JUDGMENT

This appeal is presented by the insurer of a goods tempo which dashed against the victim, the first respondent causing injuries.

2. The Tribunal has awarded a compensation of Rs.80,000/- with 6% interest from the date of the petition till the date of deposit. Insurer is aggrieved by the award.

3. Sri R. Jaiprakash, learned counsel for the appellant - insurance company arguing in support of this appeal contended that the driver of the vehicle did not have a transport endorsement.

4. Sri N.M.Swamy, learned counsel for respondent No.1 submitted that admittedly, the vehicle in question is a 3 light motor vehicle. The Hon'ble Supreme Court in the case of Mukund Dewagan Vs. Oriental Insurance Company Limited in Civil Appeal No.5826/2011 disposed of on 03.07.2017, has held that the insurer cannot escape the liability on the ground that the driver of the light motor vehicle did not have transport endorsement. This point is not disputed by the learned counsel for the petitioner.

5. In the circumstances, this appeal must fail and the same is dismissed.

Registry is directed to transmit the amount in deposit to the tribunal to disburse the same to the claimant as per the award.

No costs.

Sd/-

JUDGE nvj

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