ZAMEER AHAMAD Vs. B R NARAYANA SHETTY

JUDGEMENT

(1.) THIS appeal is by the owner of the vehicle against the judgment and award passed in M.V.C. No. 2527 of 2001 on the file of the Fifth Additional M.A.C.T., Court of Small Causes, Metropolitan Area (SCCH-20), Mayo Hall Unit, Bangalore (hereinafter called for short 'the Tribunal').

(2.) THE Tribunal, by its judgment and award, awarded a sum of Rs. 9,64,000 with interest at 6 per cent from the date of petition till the date of payment as against the claim of Rs. 20,00,000 on account of injuries sustained by the claimant in a road accident and fastened the entire liability on the owner of the offending vehicle. Aggrieved by the same, the owner of the vehicle has presented this appeal.

(3.) LEARNED counsel for the appellant, Mr. K. Suryanarayana Rao, at the outset submits that fastening the entire liability on the owner of the offending vehicle by the Tribunal cannot be sustained and the same is liable to be set aside. To substantiate his submission, he relied on the judgment of the Division Bench of this court in the case of National Insurance Co. Ltd. v. Bhadramma, 2010 ACJ 1687 (Karnataka), wherein the judgment of the Apex Court in the case of New India Assurance Co. Ltd. v. CM. Jaya, 2002 ACJ 271 (SC), has been referred to, which states that the liability of the insurer is strictly in accordance with the terms of the policy. The learned counsel further pointed out that the insured had paid the premium and was issued with the receipt as also the policy to that effect. Therefore, he submitted that fastening the entire liability on the appellant owner cannot be sustained and is liable to be set aside.