NEW INDIA ASSURANCE CO. LTD. Vs. J. KRISHNA, S/O. B. GUDDAIAH AND VIRUPAKSHA MAJOR, S/O. MADAPPA DODDAYACHANAHALLI

JUDGEMENT

(1.) THIS appeal is by the insurer challenging the award made by the Tribunal on the ground of liability.

(2.) HEARD the learned Counsel for the parties and perused the records.

(3.) BRIEF facts of the case as pleaded in the claim petition are: That on 25 -4 -03, the claimant, being a mango merchant, engaged on contract basis a goods autorickshaw bearing registration No. KA -11 -3775, belonging to first Respondent before the Tribunal and second Respondent in the appeal and while returning in the said autorickshaw along with the mango load to Balahattikuppe on Bevinakuppe - Balahattikuppe road, the driver of the autorickshaw drove the same in a rash and negligent manner and caused the accident. As a result, the claimant sustained injuries. Hence, he filed a claim petition before the MACT. Sri Rangapatna, seeking compensation of Rs. 8,80,000/ -. The Tribunal by impugned judgment and award has awarded compensation of Rs. 1,76,640/ - and directed the owner of the vehicle to pay compensation with interest at 6% p.a. from the date of claim petition till the date of realisation to the claimant and absolve the second Respondent from liability, but directed the second Respondent to deposit the entire compensation amount with interest thereon in the office of the Tribunal, within 30 days from the date of judgment and recover the same from the first Respondent - owner.