MUNIBYRAPPA Vs. K RAMARAJU

JUDGEMENT

(1.) This appeal is by the owner of the vehicle and is directed against the judgment and award dated 8-8-1978 passed by the Motor Accidents Claims Tribunal, Bangalore City, in M. C. (MVC) No. 8 of 1975, on its file, awarding Rs. 23,600 as compensation from respondents 1 to 3 with future interest at 6% per annum from the date of the application till the date of payment along with costs before the Tribunal.

(2.) The only grievance made out by the appellant is that under S. 110-B of the Motor Vehicles Act, the Tribunal ought to have fixed the liability on the Insurance Company. S. 110-B of the Motor Vehicles Act, inter alia, states that in making the award, the Claims Tribunal shall specify the amount which shall be paid by the insurer or the owner or driver of the vehicle involved in the accident or by all or any of them as the case may be.

(3.) The Tribunal has no doubt made a joint decree against the owner, insurer and driver. The Tribunal ought to have further specified the liability of the Insurance Company. The total liability of the Insurance Company for third party risk is limited to Rs. 50,000. What is awarded by the Tribunal is much less than that. Therefore, the Tribunal ought to have directed that the entire amount awarded along with interest and costs shall be paid by the Insurance Company - Respondent-2 in the appeal. Hence, this appeal is entitled to succeed.