High Court Karnataka High Court

The New India Assurance Co Ltd vs Smt Muthyalakka on 17 February, 2009

Karnataka High Court
The New India Assurance Co Ltd vs Smt Muthyalakka on 17 February, 2009
Author: V.Jagannathan
IN THE HIGH COURT OF KARNATAKA AT BAN<3AL£):I«':E:' A ~ 

BETWEEN :

.1.2,VV.LMA¥uI2A?,'- '
c0MPLEX,KaAD:B 1v_xAjI:¢ ROAR-_V ' 
PEENYA  A ' = " 

BANGA '

  '   ._  ..APPELLAN'r

(By sri. --SWAMY, ADV. )

Sm 1»4U*1':~§%fA1.A§:KA
w-:o;. NAGARAJA @ NAGAPPA

Sf  NAGARAJA @ NAGAPPA

N "SHAH KARAPPA

BALARAJU @ BALAJI
S] C). NAGARAJA @ NAGAPPA
AGED ABOUT 24 YEARS

ALL R I O. BYGARAPALLI
MADAI-(ASiRA TALUK

M.F.A.N0.112§5?]'12i3Df7:'é%§{i.'\l1'~, , " 



ANANTHAPUR DIST.

5. '1' MEHABOOB PASHA
S/C}. SULATHAN KHAN
MAJOR, M.F'. ROAD,
HINDUPUR, A.P.

  

(By Sri. DAVANAM V SATYANV RAYA.N,*A_DV.  - . 2
FOR R1 T0 R3)   »  

MFA FiLED U/s.x73(1)' A014 A{éA1N3'r3n~1E
JUDGMENT 65 AWARD,DA*1iEI3--.":3j":*,(20o*/'ms:§ED IN
MVC NO.945/96 ON *rI§i'E%   CIVIL JUDGE
(SD) 85 JMFC &r.AADE}L  .m;pr'IUG;i?;., -AWARDING A
COMPENSAT}.O'N_ _0F  iN'l'ERES'}' @
6% RA. '  " " "   

T;-i1's§ AEFEAEQ  ON FOR HEARING THIS
DAY, Tasgopm f3aELi§?§}RED THE FOLLOWING :

, ., ,.;J...Ij' D G M E N T

  1  company which is the appellant

  by the liability being fastened on

 ta it tribunal while allowing the claim petition

A "IL-'  by the respondents I to 4.

2. Learned counsel for the apgsellant
insurance: an-mpany submitted that the policy in

question which is prwuced at Ex.R1 and the permit

%

Ex.R2 makes it clear that the vehicle involved in the

accident is a goods vehicle and the deceased

as a passenger in the said vehicle and as__Si1eh,— _

liability arises on the part of t11epAHi;t1s1u’a_nee.i u

to satisfy the award amount.

referred to the avermeI1t’dV_i’n_V.. the’-..cd1a.im

para.2 and also to the ex}1=5o also
confirms that the was a goods
vehicle and t1;ei”efore~ entitled to
any company and
the passed on to the insured

i.e. the ow_;11e::f of _the vehicle.

‘ None for the zespondents. I have

of this case and I find sufiioient

force fiideddeubmission made by the lwmed counsel

for d1e:appeflant7 in View of the document produced

dd’–V_i1m;r:1e1y the policy EXRI and permit Ex.R2 and in

do Veddifion, in the éziaixa petition itself at paraxz it has

been averred that the deceased on was a

passenger in the vehicle in question. These being the

%

undisputed facts of this case and the witness of f;he

msmance company being examined as RW-,3;

deposing to the efiect that the vehicle in

a goods vehicle which does of ‘A V’

passengers and the said cvidenee 3.1:.

EIILR1, insurance policy “of
RW~1 aiso not beingoesteatsdsdddsséficuslyd cross
examination, on thedflu put on the
insurance cannot be

Helios; ‘me and the award of

the tribunal oi1- liability on the appellant

sside ‘and itdvisdddfhe bmden of the insured to

‘ dd” _refui1’d_ed jm ddappeflant.

The amount in deposit be

sal-3
Sudge