IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT M.F.A.No.4156 OF 2018 (MV-I) BETWEEN UNITED INDIA INSURANCE CO. LTD., REG. OFF: 5TH & 6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, BANGALORE - 560 001. REPRESENTED BY THE REGIONAL MANAGER.
POLICY ISSUING OFFICE AT THE MANAGER, UNITED INDIA INSURANCE CO. LTD., S.B.L.T. BUILDING, POLYTECHNIC ROAD, CHINTAMANI TOWN, CHIKKABALLAPURA DISTRICT - 563 125. ... APPELLANT (BY SRI.P.B.RAJU, ADVOCATE) AND 1. SRI.R.SRIRAMAIAH, S/O SRI.M.R.RAMAIAH, AGED ABOUT 39 YEARS, RESIDING AT NO.651/20, 9TH ‘C’ CROSS, K.N.EXTENSION, TRIVENI ROAD, YASHWANTHAPURA, BANGALORE - 560 022.
ALSO AT PERMANENT ADDRESS: SRI.R.SRIRAMAIAH, NO.51, JIRIGEPETE, MUDAGERE VILLAGE, GOWRIBEDANUR TALUK, CHIKKABALLAPURA DISTRICT - 562 101.
2. SRI.MANJUNATHA.L, S/O LAKSHMIKANTHAPPA, AGED ABOUT 32 YEARS, RESIDING AT NO.686, VALASANNANAVARA BEEDI KATE, CHIKKABALLAPURA TOWN, CHIKKABALLAPURA TALUK & DISTRICT - 562 101. ... RESPONDENTS (BY SRI.NARASIMHAMURTHY G.V, ADVOCATE FOR C/R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 20/03/2018, PASSED IN MVC NO.2312/2016, ON THE FILE OF THE X ADDITIONAL JUDGE AND MACT, COURT OF SMALL CAUSES, BENGALURU, AWARDING COMPENSATION OF RS.3,56,000/- WITH INTEREST AT THE RATE OF 9% PA. FROM THE DATE OF PETITION TILL REALISATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
J U D G M E N T This appeal by the appellant lays a challenge to the judgment & award dated 20.03.2018 entered by the MACT at Bengaluru (SCCH-16) allowing M.V.C.No.2312/2016 whereby, a compensation of Rs.3,56,000/- with interest at the rate of 9% per annum, subject to usual condition of bank deposit has been awarded. After service of notice, the contesting respondent having entered caveat through their counsel and oppose the appeal.
2. Though this matter is listed for Admission, with the consent of both parties, it is taken up for final disposal.
3. Although, the appeal was argued on the points of liability and extent of compensation awardable qua what is awarded, no grounds are made out for indulgence since all aspects of the matter have been fairly considered by the MACT. However, what has not been adverted to by the MACT is the invocability of the principle of ‘pay and recover’ in view of the decision of the Apex Court in the case of Pappu & Others Vs. Vinod Kumar Lamba & Another, AIR 2018 SC 592, as rightly argued by the counsel for the appellant In the above circumstances, this appeal succeeds in part; the immediate liability under the impugned judgment & award is placed on the appellant/insurer, the mediate liability having been made to rest on the shoulders of the insured; after satisfying the award, it is open to the appellant/insurer to put this order in execution for the purpose of recovery and contribution from the side of insured, in accordance with the decision of the Apex Court in National Insurance Co. Ltd Vs. Challa Bharathamma and Others, (2004) 8 SCC 517.
No costs.
Sd/- JUDGE cbc