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Divisional Manager vs Madhusudhan on 30 August, 2018

21. Reading of the judgment in Nicolletta Rohtagi's case makes it clear that if there is a collusion between the MFA No.5817 OF 2008 12 claimant and the insured or the insured does not contest the claim, the insurer can seek permission of the Tribunal to contest the claim on the grounds available to the insurer and if permission is granted the insurer is allowed to contest the claim on merits and file appeal against such award. In the present case, the insurer had filed an application under Section 170 of the Motor Vehicles Act and that was granted. The same is made out from the impugned award itself. Therefore, the judgment in Kavitha Dilip Patil's case does not in any way advance the case of the claimant.
Karnataka High Court Cites 11 - Cited by 0 - Full Document

H.S. Chetan (Since Deceased By His Lrs. ... vs Chandra Moull S/O. Gangadharaswamy And ... on 12 April, 2006

22. He also referred to the decision of the Apex Court in the case of National Insurance Co. Ltd. v. Mastan and Anr. , by which decision the Apex Court has over ruled the decision of the Full bench of this Court in the case of Smt. Kavitha Dilip Patil and Ors. v. Ananda Ghanu Patil and Anr. reported in 2004 AIR - KANT. H.C.R. 2287.
Karnataka High Court Cites 20 - Cited by 5 - J Rahim - Full Document

The Head Master vs Mrs Mariyamma on 19 December, 2025

Smt. Kavitha Dilip Patil v. Ananda Gnanu Patil reported in 2004(2) Kar.L.J. 569 (FB) and the decision of the Apex Court in Saberabini Yakubbhai Shaikh v. National Insurance Co. Ltd. reported in AIR 2014 SC 1393, has rightly held that the insurer was entitled to avoid liability under Section 149(2) of the Motor Vehicles Act, and dismissed the claim against respondent No.2, fastened sole liability on respondent No.1-owner of the bus bearing No.KA-37/3493, and awarded compensation of Rs.5,38,200/- with interest at 12% per annum from the date of accident till realization.
Karnataka High Court Cites 16 - Cited by 0 - Full Document

M/S. United India Insurance vs Thiru. G.Durairasu ... I on 20 April, 2022

- Smt. Kavitha Dilip Patil and Ors. V. Ananda Ghanu Patil and Another where the issue was regarding the restriction of defence available to the insurance company in terms of Section 149(2) having application on the 8/17 https://www.mhc.tn.gov.in/judis C.M.A.No.2152 of 2019 proceedings on the Workmen's Compensation Act. The Full Bench had answered as follows:
Madras High Court Cites 9 - Cited by 0 - P T Asha - Full Document
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