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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.MANMADHA RAO
Fathima Saira Banu W/o Dr. K. Adam – Appellant
Versus
Kashinath Mahadev Sankpal S/o Mahadev Shripat Sankpal – Respondent
JUDGMENT :
K. MANMADHA RAO, J.
1. This appeal is filed by the appellant/claimant seeking to set aside the judgment and award dated 20.07.2017, on the file of the Principal District Judge, MACT, D.K. Mangaluru, passed in MVC No.283/2016.
2. The appellant herein is the claimant before the Tribunal, respondents No.1 and 2 herein are the Respondent No.1 is the owner and Respondent No.2 is the Insurance Company.
3. The facts leading to the filing of this appeal are that.
4. On 19.07.2015 at 1.30 p.m., when Mohammed Shamim, son of the petitioner was driving Honda City car bearing No.KA-19/ME-7482 by observing traffic rules, the driver of lorry bearing Reg.No.MH-11-AL-2915 came in a rash and negligent manner and dashed to the right side of petitioner’s car, as a result, the petitioner’s car was damaged. The petitioner is the RC owner of the car. The damage to the vehicle was assessed by M/s. Patel Cars Pvt. Ltd., and was in their custody from 22.12.2015 to 13.06.2016 for repairs. The petitioner claims that she has spent Rs.82,722/- towards repair charges, Rs.4,850/- towards survey charges and Rs.22,000/- for hiring charges. Due to the accident, value of the car is reduced to Rs.1,00,000/-. The
Insurance companies cannot avoid liability under Section 149 of the Motor Vehicles Act despite permit violations; the principle of pay and recover ensures claimants receive compensation first.
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The Insurer cannot evade liability for compensation due to permit violations that do not constitute a fundamental statutory infraction.
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The main legal point established in the judgment is the application of the 'pay and recovery' principle in motor accident cases, allowing the Insurance Company to recover from the insured after satis....
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