UNITED INDIA INSURANCE CO. LTD. Vs. MOULA

JUDGEMENT

(1.) These appeals are filed against the judgment and award dated 20.11.2012 in MVC Nos.596, 597 and 600 of 2012 passed by the Motor Accident Claims Tribunal-IX, Bellary.

(2.) Claimants having sustained accidental injuries due to rash and negligent driving by driver of passenger auto filed claim petitions under Section 166 of M.V. Act to award just and proper compensation. The Tribunal awarded compensation of Rs.1,93,600/- to the claimant in MVC No.596/2012, Rs.20,000/- to the claimant in MVC No.597/2012 and Rs.18,000/- to the claimant in MVC No.600/2012. The Insurance Company is in appeal challenging the liability fastened on it to p ay compensation.

(3.) Learned counsel for the appellants would submit that as on the date of accident, the passenger auto in question was plying beyond the permitted area. Hence, she submits that the auto rickshaw in question was plied in violation of policy condition. Hence, the Insurance Company is not liable to pay the compensation.