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2025 Supreme(Online)(Kar) 16126
KARNATAKA HIGH COURT
HANCHATE SANJEEVKUMAR, J
THE DIVISIONAL MANAGER, NEW INDIA INSURANCE COMPANY LIMITED – Appellant
Versus
ANAND S/O. BASAPPA KAMMAR – Respondent
MISCELLANEOUS FIRST APPEAL NO. 103203 OF 2015 (MV)
For the Appellants/Petitioners: SRI S.S.KOLIWAD
For the Respondents: SRI SURESH P. HUDEDAGADDI
The insurance company's liability for compensation is upheld, affirming earlier judgments despite driver's license discrepancies.
Headnote:This miscellaneous first appeal was filed under Section 173(1) of the Motor Vehicles Act, 1988, challenging the liability to pay compensation as per the award dated 05.09.2015. The court found that the accident and injuries were not in dispute, hence the insurance company's liability held firm. The refusal of the insurance company was examined against the existing case law, leading to the dismissal of the appeal and upholding the previous judgment and award.
ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the insurance company challenging the judgment and award dated 05.09.2015, passed by the Additional District and Sessions Judge, Gadag, in MVC No.225/2012, questioning the liability saddled on it to pay compensation.
2. Heard the arguments of learned counsels appearing for both the sides and perused the material placed before the Court.
3. In this case, occurrence of accident, injuries sustained by the claimant in the accident and the quantum of compensation awarded are not in dispute.
