IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT M.F.A. No. 5703/2018 (MV) BETWEEN Oriental Insurance Co. Ltd., Regional Office, No. 144 No.44/45, LEO Shopping Complex, Residency Cross Road Bangalore – 560 025. ... APPELLANT (By Sri. O. Mahesh, Adv.) AND 1. Sri. H.N. Mahesh S/o. Narayanaswamy Aged about 20 years R/o. Haralur Kolathur Post Hosakote Taluk Bangalore Rural – 563 114.
2. H.M. PNC Cognitic School No. 33, SRB Campus Kumbenagrahara Kadugodi Post Bangalore – 560 067. … RESPONDENTS (By Sri. T.P. Srinivasa, Adv., for R-1 Sri. H.S. Ramamurthy, Adv., for R-2) ---
This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 17.04.2018 passed in MVC No. 218/2017 on the file of the V Additional Small Causes Judge and XXIV ACMM, Member, MACT, Bengaluru awarding compensation of Rs.1,19,000/- with interest at 9% p.a. from the date of petition till realization and etc.
This MFA coming on for Admission this day, the Court made the following;
O R D E R Insurer’s appeal to the extent the principle of pay and recovery is not adopted by the MACT is allowed and accordingly the judgment and award stand modified; rest of the contentions having been covered by the decision of the Apex Court in the case of Mukund Dewangan .vs. Oriental Insurance Company Limited reported in (2017) 14 SCC 663, stand rejected.
2. It is open to the appellant – insurer to seek contribution/reimbursement from the insured in terms of the judgment of the Supreme Court in the case of NATIONAL INSURANCE COMPANY LTD., vs. CHALLA UPENDRA RAO reported in AIR 2004 SC 4882.
3. Amount in deposit shall be transmitted to the jurisdictional MACT which shall ensure its release in favour of the claimant forthwith.
Sd/- JUDGE LRS.