IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE H.P. SANDESH M.F.A.NO.10321/2012 (MV) BETWEEN:
UNITED INDIA INSURANCE CO. LTD., MYSURU DIVISIONAL OFFICE THROUGH ITS REGIONAL OFFICE 5TH AND 6TH FLOORS KRISHIBHAVAN HUDSON CIRCLE BENGALURU-560 001.
REP. BY ITS DEPUTY MANAGER. … APPELLANT (BY SRI. JANARDHAN REDDY, ADVOCATE) AND:
1. SRI. PUTTASWAMY AGED ABOUT 36 YEARS S/O. SRI. BASAVAIAH R/AT MOGARAHALLY VILLAGE BELAGOLA HOBLI SRIRANGAPATNA TALUK.
2. SMT. A. NAGALAKSHMI MAJOR IN AGE W/O. SRI. ASHWATH NARAYANA PROPRIETOR CHAMUNDESHWARI TRADING CO NO.508/4, B.K. STREET DEVARAJA MOHALLA SANTHEPETE MYSURU. ... RESPONDENTS (R1 AND R2 ARE SERVED) THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.05.2012 PASSED IN MVC.NO.297/2011 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, AWARDING A COMPENSATION OF RS.1,94,880/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
THIS M.F.A. COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appeal is listed for ‘admission’ today and with the consent of learned counsel for the parties, the matter is taken up for final disposal.
2. Having considered the fact that the question involved in the appeal is only with regard to directing the insurance company to pay and recover the compensation from the insured, in view of the judgment in the case of Mukund Dewangan –vs- Oriental Ins. Co. Ltd. reported in (2016) 4 SCC 298, the appeal does not survive for consideration. Hence, I do not find any merit in the appeal.
Accordingly, the appeal is dismissed.
The amount in deposit may be transmitted to the tribunal forthwith.
Sd/- JUDGE ST