G.S.SINGHVI, GYAN SUDHA MISRA
Ramchandra – Appellant
Versus
Regional Manager United India Insurance Co. Ltd. – Respondent
Judgment :-
Gyan Sudha Misra, J.
The judgment and order dated 17.4.2007 passed by the High Court of Karnataka at Bangalore in M.F.A.No. 6711/2004 (MV) is the subject matter of challenge in this appeal whereby the learned single Judge of the High Court was pleased to allow the appeal preferred by the respondent No.1- United India Insurance Company Ltd. through its Regional Manager holding therein that the liability of the respondent No.1-United India Insurance Company Ltd. (shortly referred to as ‘the Insurance Company’) to pay compensation is restricted to one under the Workmen’s Compensation Act, 1923 and the amount to which the respondent No.1 herein will be liable to pay is Rs.32091/- (Rupees Thirty Two Thousand and Ninety One Only) and the balance amount will have to be borne by the insured -owner of the vehicle who had been impleaded by the appellant/claimant as respondent No. 2 herein but was allowed to be deleted by this Court from the array of parties at the risk of the appellant/claimant herein. The High Court vide its impugned order was thus pleased to hold that the liability of the insurance company/respondent No.1 is restricted to the one under the Workmen’s Compensation
National Insurance Company Ltd. Vs. Lagamanna & Ors. reported in 2007 ACJ 50 (Para 11)
National Insurance Company vs. Prembai Patel & Ors.
New India Assurance Company Ltd. vs. C.M. Jaya & Ors.
New India Assurance Co. Ltd. vs. Shanti Bai & Ors. (1995) 2 SCC 539 (Para 15)
Amrit Lal Sood vs. Kaushalya Devi Thapar & Ors.
General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Sussama Thomas
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