M.F.A.NO.9389/2015

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24TH DAY OF AUGUST, 2021

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

MISCELLANEOUS FIRST APPEAL No.9389/2015 (MV-I)

BETWEEN

THE MANAGER,

M/S. RELIANCE GENERAL INSURANCE COMPANY

LIMITED, NO.28, EAST WING,

M.G.ROAD, BENGALURU - 560001.

NOW REPRESENTED BY

MANAGER LEGAL

... APPELLANT

[BY SRI. ASHOK N.PATIL, ADVOCATE]

AND

1.

MR. VENUGOPAL M.S.

S/O M.SEENAPPA,

AGED ABOUT 56 YEARS,

PRESENTLY REISIDN GAT NO.259/9,

2ND CROSS, 4TH MAIN ROAD,

NEW TIMBER YARD LAYOUT,

RAGAVANAGAR,

BENGALURU - 560 026.

2.

DEVARAJU K.M.

S/O. NARASIMHAMURTHY V.

AGED ABOUT 27 YEARS,

PRESENTLY RESIDING AT NO.46,

17TH 'A' MAIN ROAD, 6TH BLOCK,

M.F.A.NO.9389/2015

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KORAMANGALA,

BENGALURU - 560 095.

... RESPONDENTS

(BY SRI. HARISH GANAPATHY M.L., ADV. FOR C/R1;

V/O/DTD. 14.07.2021 NOTICE TO R-2 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND

AWARD DATED 14.10.2015 PASSED IN MVC NO.3895/2014

ON THE FILE OF XIX ADDITIONAL SMALL CAUSES JUDGE &

MACT, BANGALORE, AN AWARDING COMPENSATION OF

RS.3,02,814/- WITH INTEREST AT 6% P.A. FROM THE DATE

OF PETITION TILL ITS REALIZATION.

THIS MISCELLANEOUS FIRST APPEAL COMING ON

FOR ADMISSION THIS DAY, THE COURT MADE THE

FOLLOWING:

O R D E R

1.

The appellant-Insurance Company is before this

Court seeking to set aside the judgment and

award dated 14.10.2015 passed by the XIX

Additional Small Causes Judge & MACT, Bengaluru

in M.V.C.No.3895/2014.

2.

M.V.C.No.3895/2014 has been field by respondent

No.1 who is the RC owner of the Toyota Innova

bearing registration No.KA-02-AC-4159 alleging

M.F.A.NO.9389/2015

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that when the said vehicle was proceeding from

Katriguppe to Airport on 30.04.2014 driven by

respondent No.1, near Sahakar Nagar at about

8.00 p.m., met with an accident and the vehicle

sustained severe damages.

3.

Immediately, a complaint came to be lodged with

the Police. Since the vehicle was insured with the

appellant-Insurance Company herein, the owner

informed the appellant-Insurance Company about

the accident and fulfilled all the formalities.

4.

Subsequent to the accident, the respondents took

the vehicle to Nandi Toyota Motor World Pvt. Ltd.,

at Thalaghatpura on 01.05.2014 who raised an

invoice for a sum of Rs.3,02,814/- for the repairs.

All

the

documents

were

submitted

to

the

appellant-Insurance

Company

herein,

despite

which the appellant-Insurance Company did not

M.F.A.NO.9389/2015

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make any payment of the amount and as such

M.V.C.No.3895/2014 has been filed.

5.

The evidence having been led coming to the

conclusion that accident arose on account of a

water tanker from a lorry having fallen down and

caused damage to the vehicle, the Tribunal was of

the considered view that the damage to the

vehicle has to be compensated and therefore,

awarded a compensation of Rs.3,02,814/- along

with interest at the rate of 6% per annum from

the date of appeal till its realisation. It is

aggrieved by the same that the appellant-

Insurance Company is in appeal before this Court.

6.

Sri. Ashok N.Patil, learned counsel for the

appellant-Insurance

Company

would

contend

that:

M.F.A.NO.9389/2015

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6.1.

The claim of the insured did not come

within the purview of Section 165 of the

Motor Vehicle Act, 1988 (for short 'the Act'),

inasmuch as in terms of Section 165 of the

Act what the appellant-Insurance Company

is liable to pay is only for the damage to any

property of a 3rd party arising out of an

accident and not as regards the damage to

the property of the insured himself. Section

165 of the Act is reproduced hereunder for

easy reference:

"165. Claims Tribunals.4 (1) A State

Government may, by notification in the Official

Gazette,

constitute

one

or

more

Motor

Accidents Claims Tribunals (hereafter in this

Chapter referred to as Claims Tribunal)