SUDHARSHAN S/O HANMANTH Vs. SRI SUBASH

JUDGEMENT

(1.) The above appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act (for short 'the M.V.Act') challenging the judgment and award dated 27.06.2012 passed in MVC No.414/2009 by the Principal Motor Accident Claims Tribunal cum Principal District Judge, Bidar (hereinafter referred to as 'the Tribunal' for brevity) for enhancement of compensation as well as fixing liability on the respondent No.2- Insurance Company.

(2.) Brief facts of the case are as follows :- It is stated that on 07.05.2008 at 1.30 pm on Bidar-Ashtoor road, the claimant and some others had hired a Maxicab bearing No.KA-38/1568 to take journey from one point to another point and accordingly they have boarded the said vehicle at Bidar and were proceeding from Bidar to Jampad to attend a marriage. From the beginning the driver of the vehicle was driving the same with high speed on Bidar-Ashtoor road. In the limits of Marjapur, the driver lost his control over the vehicle due to high speed and dashed against an electric pole, resulting the vehicle turn turtled. In that ghastly accident, the claimant and other persons who were traveling in the said vehicle sustained injuries.

(3.) The learned counsel for the appellant submitted that as on date and time of the accident there was contract of insurance was in existence between respondents No.1 and 2. Much prior to the accident the respondent No.1-owner has paid premium amount to respondent No.2-Insurance Company and had purchased insurance policy and hence the risk as per Insurance Policy is covered but the same is not appreciated by the Tribunal and thus, resulted into passing of judgment and award erroneously fastened liability on respondent No.1-owner.