UNITED INDIA INSURANCE CO.LTD. Vs. YALLADMMA

JUDGEMENT

(1.) The appellant - Insurance Company has preferred this appeal being aggrieved by the impugned judgment and award dtd. 20/4/2015 passed in M.V.C. No. 637/2011 on the file of the learned Principal Senior Civil Judge and Additional Motor Accidents Claims Tribunal, Ranebennur (hereinafter referred to as the Tribunal), allowing the claim petition and awarding compensation of Rs.4,31,200.00 together with interest at the rate of 6% p.a. from the date of claim petition till the date of realization holding that respondents No.1 and 2 are jointly and severally liable to compensate the claimants. The parties shall be referred to as per their ranking before the Tribunal.

(2.) Brief facts of the case are as under: The claimants No.1 to 6 have filed the claim petition in M.V.C. No. 637/2011 before the Tribunal against the owner of the vehicle, i.e., auto rickshaw, bearing No. KA- 27-A-2834 and the United India Insurance Company, claiming compensation of Rs.15,65,000.00. It is stated that deceased Bharamappa Sottaninbannavar, was aged 52 years and was earning Rs.10,000.00 per month. He was traveling in the auto rickshaw referred to above on 15/3/2011 from Ranebennur towards Kakol village as an authorized passenger. When the auto rickshaw reached near Hanumanamatti petrol bunk, the driver had driven the same in a rash and negligent manner and in high speed, as a result of which the deceased thrown out of the auto rickshaw and he sustained injuries and died on 16/3/2011 at about 11.30 am to 12 noon. The claimants being the wife and children of the deceased have incurred Rs.50,000.00 towards medical expenses. Respondent No.1 being the owner of the offending vehicle and respondent No.2 being the insurer are jointly and severally liable to pay compensation to the claimants. Accordingly they have prayed for allowing the claim petition.

(3.) Respondent No.1 filed his objections in the form of written statement denying the contentions taken by the claimants stating that he was the owner cum driver of the auto rickshaw in question. The deceased Bharamappa had never traveled in the said vehicle nor the auto rickshaw met with the accident. The deceased had not sustained any injury as a result of the accident referred to by the claimants. There was no rash and negligent driving of the auto rickshaw as contended. Hence he prays for dismissal of the claim petition. However, it is stated that the vehicle in question is insured with the respondent No.2 and if the Court comes to the conclusion that the deceased died due to the road traffic accident, it is respondent No.2 who is liable to pay the compensation.