High Court Karnataka High Court

The New India Assurance Company … vs Shri Iranna Durgappa Madar on 27 May, 2008

Karnataka High Court
The New India Assurance Company … vs Shri Iranna Durgappa Madar on 27 May, 2008
Author: Anand Byrareddy
 .. V.  -NVu".'2-B,*TUniiyA Bu=ikliiijgé Anmm.
ssak927. ..APPELLANI'

 % (By--.R.R§k§fifpdm, Advocate)
   

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B GALORE

DATED THIS THE 27*" AW'?   AA  {  u  
BEFORE;  *     % %    A
THE HON'BLE MR. msficg % % %
MISCELLANEOUS FIRST  my}

BETWEEN :

The New ';As;g;srgf;¢¢V  é_  V
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The mafiages', V'  
Regional (Nfitm, " _ g = _  '

About 21 ywrs,

Narasawr,

 



Taluk Bndami,  
Bijapur District -- 587 201.  RESPONDENT . *  , V 

(Shti. Shivukumar S Badawadagi, Adv, for ‘ ; ‘
Shri Chaitanya Kumar, Advocate for Rwpond_e::$-.-2_):, > ”

rrsu-mun

This Miacellanwus Firxl A'” H V’

173(1) of the Motor Vehicles A..~:,. judgmmt
and award dalad ::o.l93i2004 on
the file of the Member, Tribunal-III
Bagalkol, awaixiizag a 0Y.R$;20;l0O/- with cost
and future inte:*3st’;’at the pg; from me date of
petition fill lill nsulisuliml.

This.      .  coming on for hearing
this day,    fiollowing: -

 

insurer is in aweal challenging the awmd of

‘V V’ V» in Ihvour of the 13:31 L

3. The fiwls are that the find rcapuiuml while travelling

as a @1133: in in goods vehicle sustained injuries in an

fa

“V3”

. .

accident involving the said vehicle md ciaimx

before the Motor Accident: Claims Tribunal.

vehicle and awarded of L’

iuluresn nm.,,,_ 11]{]”gh the yum k as mm A

the firs! respondent 3 goods
liable to mm’ % kk so dim am the

iusumr shall :3 demnf and mama’ the
samo from the osméfa cm. I! is this which is
under chalI§_nga._ V V ‘ .’

the appclluni would submit ihal the

of to tin: clfoct tout the clainmt was an

in 3 goods vehich: would clearly

. ‘4’V.’gh;_:oivoV’1l1o’Aappellanlofaay liabiliiy to satisfy the claim. In

Tribunal itself has aflirmod Ibis mu posasm but,

fiowever has pmcwlud in direct as afowsaid which is whoily

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impermissible in law and would cits: gudmms in New

Assurwwe Cwnpcasy Limited vs. Vedwali

0mm 17 (2007) ACC 377(s»::) ff %

Company mm vs. Knslmtzppah ass
lo contend lhal um .3; fiaslenod for an

ewaaerapfflae . ‘

[ha legal position has been oumxztly slausd

the appeflanl, the Sugxm Conn ‘3: an calms:

urjmgmfi has Md than it would be juxl and mm»

V’ when third party risks are involved in order to protect

inwnssls, am; such third parties would be loudly unawnn: of

the extent of fmbilily of the insurar untkr the wnlraut uf

i:n:umxwc,ilwouldbejustm1dreasunab!ek2¢lirwtlhe

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insurance company to pay the amount of

then to recover from the owner of llrsttvehiclei ‘resialléieyy of l he

the matter, the Counsel would

caused to the appellant since t

that am is no wammt t

S. the appellant would
point out cum has elearly affirm. ed the
position the liability to cover the risk of

the travelling in in goods vehicle

be covered and not that ofa passenger and

passenger in a goods vehicle and

cf the Supreme Court to an insurer to pay mid

VA in several jzflgmmts referred to by the Cuumwl fur the

respondents is by virtue of the Court seeking to invoke its

power under Article 142 of the Cunstitutixm of India. Tlw

Supreme Court has, in the Ennis and eireumehmees wt’ each

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ease, either affirmed the liability to pay and

such a. measure by virtue of Amie 142 of am at e

India and such a can

issued by this Court in um f

Tribunal has acted eomptetely Ai!2_fe~wriling

the eontmet of insmanee liability where

none exists.

6. In     as the but

stands, there    unless specifically

agreed in 11…; “go fl ‘heave: do ask oft: pasmga in a goods
veigioe. _: hm, admittedly them is no

such of the passenger munety, the first

was tmvet-ting as such in the vduiele

‘ the Tribunal was in error in

an pay the amount and recover the some from the

This Court unmet invoke Article 142 of the

émsutuum oflndia in doing so. However, the claimant» rm:

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waspumlunt shall be :1: liberty to uncover the

eempeeeesiee from [he owner er Ihe vehicle if he ie

The appeal is allowed actx;gtlii:gl§,r.A_ ivfi; K 2

deposit is to be refunded to me _1

RV