SUNDARAMMA Vs. M.P. MANJEGOWDA

JUDGEMENT

(1.) THIS appeal is by the claimants seeking enhancement of compensation against the award passed by the Fast Track Court, Channarayapatna in MVC No.77/2011 dated 01.03.2011 and also challenging the finding of Tribunal with respect to dismissal of case against the Insurance Company of auto rickshaw - respondent No.4 as not liable.

(2.) THE brief facts of the case are as follows:

(3.) LEARNED Counsel appearing for the claimants relying on the decision of Apex Court reported in 2013 ACJ 1944 (S Iyappan Vs United India Insurance Co., Ltd., and another), submitted that Insurance Company is also liable at the first instance and it can proceed to recover from the owner of vehicle, if it is found that there is any violation of the policy condition.