IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR MISCELLANEOUS FIRST APPEAL NO.489 OF 2016 (MV) BETWEEN:
BRANCH MANAGER SRHIRAM GENERAL INS. CO.LTD. OFF:10003E88, RIICO INDUSTRIAL AREA SEETHAPURA, JAIPUR RAJASTHAN-302 022 NOW REP. BY THE LEGAL MANAGER SRHIRAM GENERAL INS CO LTD. NO.5/4, 3RD FLOOR,S.V. ARCADE BELEKALHALLIMAIN ROAD OPP BANNERGHATTA ROAD LIMB POST, BANGALORE-76 … APPELLANT (BY SHRI. B.C. SHIVANE GOWDA FOR ADVOCATE SHRI. B. PRADEEP, ADVOCATE) AND:
1. G. KUMAR S/O GANGAPPA NOW AGED ABOUT 28 YEARS CABLE OPERATOR R/O UJJIANAPURA, PAPER TOWN BHADRAVATHI-01 2. SHIVAKUMR S/O GANESH RAO MAJOR R/O KUMARANAHALLI VILLAGE BHADRAVATHI TALUK (DRIVER)-01 3. FAIZ AHAMMED S/O ABDUL WAZEED MAJOR R/O GUDDADANERALEKERE BHADRAVATHI TALUK-01 … RESPONDENTS (BY SHRI. G.N. ANANTHAPADMANABHA, ADVOCATE FOR R-1; R3-SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.10.2015 PASSED IN MVC NO.63/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC & ADDITIONAL MACT-12, BHADRAVATHI, AWARDING COMPENSATION OF RS.58,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF THE PETITION TO TILL ITS COMPLETE PAYMENT.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT This appeal has been filed by the Insurer challenging judgment and award dated 05.10.2015 in MVC.No.63/2013 passed by Additional Senior Civil Judge And JMFC & Additional MACT-XII, Bhadravathi.
2. Shri B.C.Shivanne Gowda, learned advocate for the appellant-Insurer, in his usual fairness, submits that this appeal has been filed by the Insurer, on the ground that Insurer is not liable to indemnify the owner of the vehicle.
However, in view of the law laid down by the Supreme Court of India in Mukund Dewangan Vs. Oriental Insurance Company Limited1, Insurer is liable to indemnify the owner.
3. His submission is placed on record. In the circumstances, this appeal fails and it is accordingly dismissed.
4. Amount in deposit shall be transmitted to the Tribunal for disbursement in accordance with law.
No costs.
Sd/- JUDGE AV 1 AIR 2017 SC 3368