- 1 - NC: 2025:KHC-D:3588 MFA No. 102693 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102693 OF 2022 (MV-D) BETWEEN: THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., CLUB ROAD, BELAGAVI-590001, REP. BY DULY CONSTITUTED ATTORNEY. …APPELLANT (BY SRI S.V. YAJI, ADVOCATE) AND: 1. SMT. CHAYA SHIVAJI GHODAKE, AGE. 49 YEARS, OCC. HOUSEHOLD, R/O. NIPPANI, TQ. NIPPANI, DIST. BELAGAVI-591237. 2. SHRI HANUMAN SAH DOODH VYAVASAY SANSTHA, AT. POST. YALGUD, TQ. HATKANANGALE, DIST. KHOLAPUR MAHARASTRA-416109. …RESPONDENTS (BY SRI HARISH S.MAIGUR, ADVOCATE FOR R1; SRI SANJAY S.KATAGERI, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.04.2022 PASSED IN MVC NO.1352/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, NIPPANI, CONSEQUENTLY, IT IS PRAYED THAT THE CLAIM PETITION AGAINST THIS APPELLANT MAY KINDLY BE DISMISSED AND TO MODIFY THE AWARD AGAINST THE APPELLANT AND ETC., THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3588 MFA No. 102693 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for hearing on interlocutory application, with the consent of learned counsel for the parties, it is taken up for final disposal. 2. This appeal is filed by the insurance company challenging the judgment and award dated 28.04.2022, passed by the Senior Civil Judge and MACT, Nippani, in MVC No.1352/2018, questioning the liability fastened on it. 3. Heard the arguments of learned counsels appearing for both sides and perused the material placed on record. 4. The ground urged by the insurance company is that offending vehicle is the Milk Tanker bearing Reg.No.MH- 09/CU-7620, which is having permit to ply on the road within the State of Maharashtra. The accident is caused within the Nippani Taluka abutting to the boundary of Maharashtra State. Admittedly, the Milk Tanker was having permit but there is only deviation as it is inevitable and deviation is only crossing the boundary of Maharashtra State, entered Nippani Taluk and accident is caused. Therefore, it is a case of - 3 - NC: 2025:KHC-D:3588 MFA No. 102693 of 2022 deviation of route of permit. The issue is squarely covered by the judgment of this Court in MFA No.2526/2018 C/w MFA No.5720/2018 dated 22.07.2022 between THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., vs. MELAPPA AND OTHERS. Therefore, there is no fundamental infraction so as to avoid liability on the insurance company. The Milk Tanker was having permit and there is slight deviation. Hence, there is no fundamental breach of insurance policy. Hence, insurance company is liable to pay compensation. The Tribunal is correct in fastening liability on the insurance company. Therefore, the appeal is liable to be dismissed. Accordingly, the appeal is dismissed. 5. The amount in deposit made by the appellant/Insurance Company shall be transmitted to the tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 1 Sl No.: 28