Karnataka High Court
Oriental Insurance Co Ltd vs K C Papanna S/O Channegowda on 9 October, 2012
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
ON THE 9TH DAY OF OCTOBER 2012
BEFORE
THE HON'BLE MR.JUSTICE RAVI MALIMATH
MISCELLANEOUS FIRST APPEAL NO.8742 OF 2008(MV)
BETWEEN:
Oriental Insurance Co. Ltd.,
Divisional Office No.19/1,
3rd Cross Road, Chikkanna Garden,
Shankarmutt Compound,
Chamarajapet, Bangalore - 560 004.
By Oriental Insurance Co. Ltd.,
Regional Office No.144,
No.44/45, Leo Shopping Complex,
Residency Cross Road,
Bangalore - 560 025
By its Manager. ...APPELLANT
(By Sri O.Mahesh, Advocate)
AND:
1. K.C.Papanna
Aged about 48 years,
S/o Channegowda,
R/at No.30/1,
Laxmisagar, Mahadevpur Post
2
Bangalore District.
2. Smt.Zareen Taz
Major,
W/o Shabbir Khan,
R/at No.11, 4th Cross Road,
Jakkasandra,
Bangalore - 560 095. ...RESPONDENTS
(By Sri R.D.Renukaradhya, Advocate for M/s.Natraj
Associates, Advocates for R1
Notice to R2 dispensed with)
*****
This MFA is filed under Section 173(1) of MV Act
against the Judgment and award dated 31.12.2007 passed
in MVC.No.74/2005 on the file of Additional Civil Judge
(Sr.Dn.), Member, MACT, Ramanagara, awarding a
compensation of Rs.1,70,000/- with interest @ 6% p.a.
from the date of petition till deposit.
This MFA coming on for hearing this day, the Court
delivered the following:-
JUDGMENT
The case of the claimant is that on 3-10-2004 at about 7.30 p.m. when he was travelling in an Autorikshaw bearing no.KA-03-B-2577 on the Bangalore Mysore Highway, a lorry bearing no.KA-11 913 came from the 3 opposite direction and dashed against the Auto. Consequently it dashed against a Matadoor bearing No.KA-14-6065 ahead of it and one Sri Arpita who was the inmate in the Auto was thrown out and the lorry ran over her. Due to the injury sustained by the claimant a Claim Petition was filed. The Tribunal awarded compensation of `.1,70,000/- for the injury sustained. Aggrieved by the same, the insurer has filed this appeal questioning the liability.
2. The primary contention of the appellant is that the Auto was plying beyond the limits of its permit. The permit has been granted in terms of Ex.R-1. I have examined the same. It is granted for an area within the Bangalore City Corporation and at a distance of about 25 kilometers radius thereafter. That the accident has taken place near Kempanahalli near Ramanagara Taluk. By taking judicial notice of the fact that the accident has taken place beyond the limit of 25 Kilometer from the 4 border of Bangalore South necessarily it would amount to violation of permit.
3. The learned counsel for the appellant submits that the accident has taken place beyond the limits of 25 kilometer from the border of the Bangalore City Corporation. Under these circumstances, the Judgment & award of the Tribunal is erroneous. The respondent defends the impugned order.
4. In view of the violation of the terms of the permit necessarily the insurer would not be held liable to satisfy the award. Hence on this ground I'am of the considered view that the appeal requires to be allowed. Consequently the appeal is allowed. The order dated 31-12-2007 passed in MVC No.74/2005 by the Additional Civil Judge (Senior Division), MACT, Ramanagara, is set aside in so far as it pertains to foisting the liability on the insurer is concerned. The appellant is absolved of its 5 liability to satisfy the award. The claimants are at liberty to pursue their remedy against the owner of the vehicle.
The amount in-deposit is directed to be refunded to the appellant.
Sd/-
JUDGE Rsk/-