BASALINGAYYA Vs. MALLAPPA

JUDGEMENT

(1.) All these appeals by the owner of the offending insured vehicle call in question the common judgment & multiple awards, all dtd. 21/4/2011, whereby the Additional MACT at Koppal, having favoured M.V.C. Nos.565, 566, 567, 568, 569, & 570 of 2010, has awarded certain sums of money not of considerable value, except in M.V.C. No.569/2010 wherein the compensation awarded is to the tune of Rs.84,000.00.

(2.) After service of notice, the claimants are represented by their private counsel and the insurer is represented by the learned Panel Counsel, who oppose the appeals making submissions in justification of the impugned Awards and the reasons on which they are structured.

(3.) Having heard the learned counsel for the parties and having perused the appeal papers, this Court is of the considered view that the award liability ought to have been fastened on the Insurer in the light of the decision of the Apex Court in Mukund Dewangan vs. Oriental Insurance Company Limited, (2017) 14 Supreme Court Cases 663, as rightly contended by the learned counsel appearing for the owner of the offending insured vehicle.