M/S ORIENTAL INSURANCE CO LTD Vs. MOOKAMBIKA

JUDGEMENT

(1.) Both the appeals art by the insurer questioning the liability in judgment and award in MVC No. 661/2002 and MVC No. 641/2002 on the file of the Civil Judge (Sr. Dn.) and MACT, Kolar dated 12.01.2007.

(2.) Tribunal has awarded compensation of Rs. 1,47,400/- and Rs. 21,600/- with interest respectfully and has held that the insurer to pay the compensation and recover the same from the owner. It is against the said direction, insurer is in appeals.

(3.) The case of the claimants is that on 3.5.2000 they were travelling in a tempo bearing registration No. KA-07-A-2545 from Channarayapattana to Kolar. When the tempo reached Rajapura and Mattigatta, on account of rash and negligent driving by the driver of the tempo, it dashed against the tree, as a result of which, claimants suffered grievous injuries. The claim petition was contested by the insurer intaralia denying the accident and denying the liability to indemnify. Interalia contending that the claimants were passengers in a goods vehicle, insurer is not liable to indemnify the liability of the owner. The Tribunal though held that there is a violation of the policy condition however, observed that the insurer should pay the compensation and recover the same from the owner.