NEW INDIA ASSURANCE CO. LTD. BY DIVISIONAL OFFICE AND NEW INDIA ASSURANCE CO. LTD. BY ITS MANAGER Vs. ADDIL S/O SHANCAZ @ NAZEER AND ASIF S/O YUSUF KHAN

JUDGEMENT

(1.) THIS is Insurance Company's appeal challenging the liability, as well as rate of interest payable on the compensation amount.

(2.) THE facts leading to this appeal is that the claimant Adil is the driver of autorickshaw bearing No. KA -06/4523, belonging to Asif, respondent No. 1 in the Court below and insured with respondent No. 2, who is appellant herein. It is his case that on 14.11.2003 at about 7.00 p.m., he was driving the said autorickshaw with the owner being the occupant of the autorickshaw at the relevant point of time and the said autorickshaw was proceeding on Gubbi Road. At that time, a Tata Sumo came from opposite direction in a rash and negligent manner and dashed against the autorickshaw driven by the claimant near M.H. Patna on Gubbi Road. As a result, claimant suffered injuries, such as fracture of left ribs of his chest. Thereafter he was shifted to Siddarth Medical College. The claimant filed Claim Petition seeking compensation against the owner and insurer. The said petition was allowed awarding compensation in a sum of Rs. 46,500/ - with interest at the rate of 12% from thirtieth day of the accident till realisation, which is being challenged by the Insurance Company on the ground that there is violation in terms of use of autorickshaw and there was violation of the permit condition in using the said autorickshaw and as such the Insurance Company is not liable to pay any compensation and even otherwise the rate of interest that was awarded at 12% from thirtieth day of the accident till realisation, is on higher side and on contrary to the rulings of the Apex Court.

(3.) THIS Court answers Point No. 1 in the negative and Point No. 2 in the affirmative, for the following: REASONS