UNITED INDIA INSURANCE CO. LTD Vs. VEENA

JUDGEMENT

(1.) This appeal is filed by the insurer challenging the liability cast upon on it by the Tribunal to pay the compensation amount in MVC No. 507/2008.

(2.) The claim petition would disclose that on 26.03.2004 at about 9.00 p.m. the deceased was riding a motor cycle bearing registration No. KA-18/E-7440 along with one K. K. Uttam as pillion. It is stated that as a vehicle was coming from the opposite direction with bright lights on, the motor cycle was guided to the left side of the road which dashed against the road side tree resulting in the death of the deceased. The appellant was the insurer, while the respondent No. 4 was the owner of the motor cycle. The claimants are the wife, daughter and mother of the deceased. The claimants filed a claim petition under Section 163(A) of Motor Vehicles Act before the Tribunal claiming compensation of Rs. 25,00,000/- from the respondents.

(3.) The Tribunal calculated the compensation payable under Section 163 (A) of Motor Vehicles Act and awarded a sum of Rs. 5,25,000/- along with interest at the rate of 6% per annum. Insofar as the question of liability is concerned, the Tribunal held that since the vehicle was covered with an insurance policy and since the accident occurred not due to the negligence on the part of the driver, the Tribunal cast the liability upon the insurer to pay the compensation amount. It is this that is challenged by the insurer in this appeal.