N.M. VISHWESHWARA S/O MUDDALINGE GOWDA NEETHIMANGALA Vs. SRI DEVARAJU S/O BOLARA SHETTY AND THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal is by the owner challenging the impugned judgment and award dated 2.2.2009 passed in MVC. No. 342/2006 by the Civil Judge (Sr.dn.) and JMFC, K.R. Pet, allowing the claim petition filed by the claimant in part and awarding compensation in a sum of Rs. 92.000/ - with interest at 6% p.a. from the date of the petition till realisation and fastening the liability to pay compensation awarded in the case on him.

(2.) THE parties in this appeal would be referred to by their rankings as they are arrayed in the claim petition before the Tribunal.

(3.) LEARNED Counsel appearing for the Appellant submitted that though the Appellant -owner in his objection filed before the tribunal has taken a specific stand that the tractor trailer owned by him had been insured with the second Respondent -insurer and his risk has been covered by the second Respondent, as he could not place the policy before the tribunal, the tribunal has fastened the liability of payment of compensation on him. He submitted that since the policy which has been issued in respect of the offending tractor by the second Respondent is a farmers' and package insurance policy, his risk is covered by the second Respondent and therefore, he should be afforded an opportunity to place this on record to get himself absolved of his liability from payment of compensation. In that view of the matter, he submitted that the matter be remitted back to the Tribunal for affording an opportunity to place the policy on record and to establish that he is not liable to pay any compensation.