AI Structured Summary
Not yet generated for this judgment
Judgment
P Sree Sudha, J
MFA No.6685/2019 is filed by the appellant/Insurance Company, disputing the liability against the award passed by the Tribunal dated 20.03.2019 passed in MVC No.4199/2018 on the file of the XXI ACMM & XXIII A.S.C.J, Bengaluru. Also filed I.ANo.2/2019 for receiving the additional documents.
MFA No.7594/2019 is filed by the appellant/claimant against the judgment and award dated 03.07.2015 passed in 20.03.2019 passed in MVC No.4199/2018 on the file of the XXI ACMM & XXIII A.S.C.J, Bengaluru, seeking enhancement of compensation
The brief facts of the case is that the Manager of the Insurance company stated the driver of the insured offending vehicle Paramesha was charge sheeted for having no valid driving licence. But they produced fake driving license before the police. They obtained extract of the driving license and came to know that the said license was issued in the name of Manjunatha and thus it amounts to breach of terms and conditions of the policy. Therefore, they requested this Court to receive the documents and to remand the matter to the Tribunal.
Considering the reasons stated in the IA No.1./2019. IA No.1/2019 is allowed. Additional documents are received. The matter is remanded to the trial court with a direction to the Insurance company to adduce evidence for marking of the documents and also further evidence, if any, by both the parties. The tribunal is directed to dispose of the matter by duly giving opportunity to both sides for adducing evidence and for hearing within 4 months from the date of the order, from the date of receipt of the records.
Accordingly, MFA No.6685/2019 filed by the Insurance is hereby allowed and remanded back to the trial court.
In view of remand of the matter, MFA No.7594/2019 is hereby dismissed with liberty to file appeal at subsequent point of time.
Registry is directed to send all the necessary records within 10 days from the date of receipt of the copy of this order.
The amount already deposited by the appellant/insurance company is to be refunded to them.