IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT M.F.A NO.5706 OF 2010 (MV) BETWEEN THE ORIENTAL INSURANCE CO. LTD., OPP: TOWN HALL, CHICKPET, MADIKERI. REPRESENTED BY REGIONAL OFFICE, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE-560025.
BY ITS REGIONAL MANAGER. ... APPELLANT (BY SRI.C.R. RAVISHANKAR, ADVOCATE) AND 1. SMT. SHRIMATHI, MAJOR, W/O SRI. SAJEEVA, R/AT KODAGARAHALLI VILLAGE, SOMWARPET TALUK, KODAGU DISTRICT.
2. SRI.C.H. HAMZA RAUTHAR, MAJOR, S/O SRI. HAMID RAUTHAR, R/AT DEVAIAH COMPOUND, NEW EXTENSION, MADIKERI.
3. SRI. UMARABBA, MAJOR, S/O SRI. HASANABBA, R/AT NO.6/35, GANAPATHI STREET, MADIKERI TOWN. ... RESPONDENTS (BY SRI.B.R. PRASANNA, ADVOCATE FOR R1; SRI. VIJAYAKUMAR.V, ADVOCATE FOR R2; R3 SERVED) THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.01.2010 PASSED IN MVC NO.255/2004 ON THE FILE OF CIVIL JUDGE (SR.DN.) & MACT, MADIKERI, AWARDING A COMPENSATION OF Rs.2,15,500/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT The short point urged by the learned counsel for the appellant-Insurer relates to the nature of the policy and it is coverage. The appellant has produced the original of the Insurance Certificate cum Policy Schedule which was marked in the evidence as per exhibit R.1. The same shows that it is only an Act Policy and consequently, the MACT is not justified in fastening the liability on the appellant-Insurer at all.
2. In the above circumstances, this appeal succeeds in part; the impugned judgment and award are modified absolving the appellant-Insurer from the liability for payment of compensation.
3. It is needless to mention that the liability under the award now is confined to Respondent Nos.2 & 3 namely the owner of the insured vehicle and it’s driver respectively. All other terms and conditions of the award are retained intact.
The amount in deposit shall be refunded to the appellant- Insurer, forthwith.
No costs.
Sd/- JUDGE cbc