UNITED INDIA INSURANCE CO LTD Vs. VARIJA

JUDGEMENT

(1.) Two applications, Misc. Cvl. 11793/09 filed under Order 1 Rule 10(2) r/w Section 151 CPC seeking for impleading one D.D. Paramesh S/o Devegowda, Coffee Planter, Kanchinakaldurga, Doddamagaravalli, Aldur Post, Chikkamagalur Taluk, as additional respondent No. 6 to this appeal and Misc. Cvl. 11793/09 filed under Order XLI Rule 27 r/w Section 151 CPC seeking for production of certain additional evidence in the above appeal and supported by affidavits sworn to by the fifth respondent in this appeal by name K.R.Chandrashekar who is also the applicant in these applications, are listed before the Court for orders.

(2.) Applications figuring in an appeal filed under Section 173(1) of the Motor Vehicles Act, 1988 by the appellant - United India Insurance Company Limited and directed against the judgment and award passed by the Additional District Judge and MACT, Chikmagalur in MVC. No. 478/2000 inter alia for questioning the liability on the part of the appellant - Insurance Company to make good the compensation payable in favour of respondents 1 to 3 in this appeal, who had figured as claimants in MVC. No. 478/2000 and who had put forth their claim on the basis that their bread earner one M.D. Mohan, a coolie by occupation had died as a consequence of an accident that took place on 9.8.2000 involving a jeep bearing Registration No. CTX-1417 owned by the fifth respondent herein and driven by the fourth respondent. The claimants therein have figured as respondents 1 to 3 in this appeal.

(3.) The present appellant - Insurance Company has questioned the award of the Tribunal whereunder the Tribunal has indicated that the fifth respondent - the registered owner of the vehicle and the present appellant with whom the vehicle had been insured are jointly liable to pay the compensation of Rs. 5,24,200/-in favour of the claimants along with interest at 6% per annum from the date of petition till the date of payment.