VANGUARD INSURANCE CO LTD Vs. E RAMASWAMY

JUDGEMENT

(1.) The appellant in these two appeals is M/s. Vanguard Insurance Co., Ltd. They arise out of MVC.No.22 of 1970 on the file of the Motor Accidents Claims Tribunal and District Judge, Tumkur, and Mis.No.30 of 1968 on the file of the Motor Accidents Claims Tribunal and District Judge, Shimoga, respectively.

(2.) As a common question of law has been raised in these two appeals, we propose to dispose of these two appeals by a common judgment. The two accidents, out of which the said claim cases were instituted, took place much prior to 2-3-1970. The owners of the vehicles concerned in the two accidents disputed the claims put forward by the claimants and contended that there was no rash and negligent driving of the concerned vehicles at the relevant points of time and, therefore, they were not liable to pay any compensation. Evidence was adduced and the claims Tribunal held in both the cases that the drivers of the concerned vehicles had driven the concerned vehicles rashly and negligently and caused the accidents and, therefore, the owners of the vehicles were vicariously liable to pay the amount of compensation. Both the Tribunals in the course of their judgments recorded a finding to what extent the liability of the Insurance Company was limited. The owners did not prefer any appeals against the awards. Only the Insurance Company has preferred these appeals. It may also be mentioned at this stage that the owners in both these appeals have remained ex parte after service of notices of these appeals.

(3.) Sri H. B. Shankarappa, the learned Advocate appearing on behalf of the Insurance Company in both these matters, urged that in law the Insurance Company is entitled to put forward in these appeals all the defences that were available to the owners because of S.110C(2A) of the Motor Vehicles Act (to be hereinafter referred to as the Act).