DIVISIONAL CONTROLLER N.W.S.R.T.C, HAVERI REGION HAVERI, NOW THROUGH THE CHIEF LAW OFFICER NWKRTC. HUBLI. Vs. SRI. RAGHAVENDRA J.C S/O JAGADEESHA

JUDGEMENT

(1.) THIS appeal is filed by the NWKRTC against the judgment and award dated 8.7.2011 in MVC No. 87/2010 on the file of the Addl. MACT -II, Shimoga questioning the liability. On appreciation of the evidence on record, the Tribunal has awarded compensation of Rs. 2,38,911/ -with interest and has held the appellant - NWKRTC liable to pay the compensation.

(2.) SINCE the vehicle of the 2nd respondent is insured with the 4th respondent and the policy was in force, as such, the liability ought not have been fastened on the appellant - NWKRTC This aspect is covered by the decision of the Apex Court in Civil Appeal No. 5901/2011 dated 25.7.2011. Following the same, appeal is allowed. Liability of the appellant - NWKRTC is set aside. Insured is held liable to indemnify the liability of the 2nd respondent. Amount in deposit be refunded to the appellant.