NEW INDIA ASSURANCE CO LTD Vs. NASEER AHMED

JUDGEMENT

(1.) MFA 6687/2006 has been filed by the Insurance Company. MFA CROB 83/2007 has been filed by the claimant seeking for enhancement of the compensation. As the appeal and the cross objection are directed against the judgment and award dated 4.4.2006 passed in MVC No.62/2002 by the Addl. MACT, KGF, they are heard together and disposed of by this common judgment.

(2.) MFA 6687/2006 has been preferred by the appellant-Insurance Company challenging the liability and also the quantum. Cross objection has been preferred by the claimant seeking for enhancement of the compensation that has been awarded by the Tribunal.

(3.) THE appellant-insurer after service of notice appeared and contended that the accident firstly has not taken place on account of the rash and negligent driving of the maxi cab by its driver. THEy further contended that the maxi cab was a contract carriage and it was not expected to pick-up the passengers on the way. Since, in this case the claimant had boarded the Maxi cab on the way, the owner has committed breach of conditions of the permit. It was also further contended that since it was a contract carriage, it was to ply from one point to another and as the owner was not permitted to carry any passengers in between, since in this case the claimant has been picked-up on the way, there is breach of conditions of the permit in respect of the vehicle issued and hence they are not liable to pay any compensation. Accordingly, the appellant-insurer sought for dismissal of the petition as against them.