Karnataka High Court
United India Insurance Co. Ltd vs M Shankrappa S/O Mallappa on 24 August, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:9533
MFA No. 24796 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.24796/2012(MV-I)
BETWEEN:
UNITED INDIA INSURANCE CO. LTD.,
THE MANAGER, ENKAY COMPLEX, COURT ROAD,
HUBLI, REPRESENTED THROGUH ITS
DIVISIONAL OFFICE, ENKAY COMPLEX,
KESHAWAPUR, HUBLI, REPRESENTED BY ITS
DIVISIONAL MANAGER, SRI. RAGHUVEER N. NAYAK,
...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)
AND:
SRI M. SHANKRAPPA S/O. MALLAPPA,
AGED ABOUT 33 YEARS, OCC: AGRICULTURE,
R/O: THALLURU, TQ: SORAB, AT PRESENT R/AT
SHIVAJI NAGAR, HAVERI, DIST: HAVERI.
Digitally ...RESPONDENT
signed by
SUJATA (BY SMT. RAJASHREE KUSUMAKAR, ADVOCATE)
SUBHASH
PAMMAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT, 1988, PRAYING TO CALL FOR THE RECORDS
CONNECTED WITH MVC NO.08/2011 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL AT HAVERI, EXAMINE THE SAME AND SET
ASIDE THE AWARD DATED 20.07.2012 AS AGAINST THE
APPELLANT IN THE INTEREST OF JUSTICE.
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NC: 2023:KHC-D:9533
MFA No. 24796 of 2012
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the Insurance Company challenging the judgment award dated 20.07.2012 in MVC No.08/2011 passed by the Senior Civil Judge and AMACT at Haveri on the ground that the owner of the tractor trailor himself, while he was driving the same met with the accident and sustained injuries without involvement of any vehicle and hence, claim petition filed under Section 163-A of the Motor Vehicles Act is not maintainable. Hence, prays to allow the appeal.
2. The factum of accident is not disputed.
3. Heard the learned counsel for the parties.
4. The claimant being the owner of the tractor while driving the tractor due to his own rash and negligent driving met with accident and sustained injuries and for the same, filed claim petition under 163-A of MV Act against the insurance company on the ground that there is -3- NC: 2023:KHC-D:9533 MFA No. 24796 of 2012 existence of insurance policy as on the date of the accident. Basically, the claimant being owner of the tractor has filed claim petition against himself only. The Insurance company is indemnifier to the owner of the tractor. The claimant himself is the owner. Therefore, the claim petition filed under Section 163-A of M.V. Act, 1988 is not maintainable. The case is squarely covered by the judgment of this Court in MFA No.3463/2012 dated 24.07.2023. Thus, appeal is liable to be dismissed.
5. If there is any personal accident coverage that is pure contract of insurance between the insurer and insured and claimant being insured of the tractor may work out his remedy as per contract of insurance but by not invoking the section 163-A of MV Act, 1988. Therefore, reserving the liberty to make claim under the personal accident coverage, the appeal is allowed by setting aside the judgment and award passed by the Tribunal. Hence, I proceed to pass the following:
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NC: 2023:KHC-D:9533 MFA No. 24796 of 2012 ORDER
i) Appeal is allowed.
ii) Judgment and award dated 20.07.2012 passed in MVC No.8/2011 by the Senior Civil Judge and AMACT, Haveri is hereby set aside.
iii) Liberty is reserved to the insured of the tractor to work out his remedy for claiming compensation under the personal accident coverage as per contract of insurance with appellant-
insurance company, if not claimed earlier.
iv) Amount in deposit shall be refunded to the insurance company.
v) No orders as to costs.
vi) Draw award accordingly.
SD/-
JUDGE
HMB
List No.: 2 Sl No.: 26
CT-ASC