IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT M.F.A No.8077 OF 2010 (MV) BETWEEN NATIONAL INSURANCE CO. LTD., MYSORE BRANCH, THROUGH ITS REGIONAL OFFICE, NO.144, SUBHARAM COMPLEX, M.G.ROAD, BANGALORE-560001.
REP BY ITS ADMINISTRATIVE OFFICER SMT.D.KARTHIKA. ... APPELLANT (BY SRI. B.C. SEETHARAMA RAO, ADVOCATE) AND 1. SRI M.S. JAYADEVA, AGED ABOUT 64 YEARS, S/O LATE SIDDABASAVAIAH, NO.1519, C & D BLOCK, ANIKETHANA ROAD, KUVEMPUNAGAR, MYSORE.
2. SRI G.V. SHIVAPAL, MAJOR, S/O G.R. VENKATAPPA GOWDA, RESIDENT OF GOVINAHALLI, UNTOORKATTE POST, THIRTHAHALLI TALUK , SHIVAMOGGA DISTRICT. (OWNER-CUM-DRIVER OF FORD IKON CAR NO.KA 14/MA-2244).
3. THE NEW INDIA ASSURANCE CO. LTD., DO-II, NO.2951, P.B.NO.315, JLB ROAD, CHAMUNDIPURAM, MYSORE.
(INSURER OF CAR NO.KA.09/N-0448) ... RESPONDENTS (BY SRI. V SRINIVAS, ADVOCATE FOR R1; SRI. B.S. PRASAD, ADVOCATE FOR R2; SRI. P.B. RAJU, ADVOCATE FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.05.2010 PASSED IN MVC NO.1503/2007 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN) AND MACT, SRIRANGAPATNA, AWARDING A COMPENSATION OF Rs.92,673/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT IN THE TRIBUNAL.
THIS MFA COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT This appeal by the Insurer calls in question the judgment and award dated 26.05.2010 entered by the MACT, Srirangapatna, allowing M.V.C.No.1503/2007 whereby, a compensation of Rs.92,673/- with interest at the rate of 6 % per annum has been jointly awarded against the appellant and the 2nd respondent herein, on the principle of joint and several liability.
2. The learned counsel for the appellant-Insurer submits that the liability of the appellant being statutorily confined to Rs.6,000/- under Section 147 (2) (b) of the M.V. Act, 1988, the “Principle of Pay and Recover” is uninvocable, even going by the terms and conditions of the policy itself, especially in view of IMT 20, incorporated in the policy. There is force in this submission, no contra ruling or any instrument having force of law being brought to the notice of court.
3. In view of the above short point of law, this appeal succeeds and the impugned judgment and award are modified restricting the liability of the appellant-Insurer only to Rs.6,000/- with interest at the rate of 6 % per annum. However, in respect of all other things, the award is left intact and liability of the others is retained intact.
The amount in deposit shall be transmitted to the jurisdictional MACT for being released to the claimant to the extent indicated above and the residue being released/refunded to the appellant-Insurer, forthwith.
No costs.
cbc sd/- JUDGE