LAKSHMI Vs. ICICI LOMBARD GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THE case of the claimants is that 03.05.2009, at about 8.00 p.m., when the deceased was proceeding in a Maruthi Omni car bearing registration No. KA -02 -D -4856 at Pandavapura Cross, Kabbalu, Chennapatna Road, the driver of the vehicle drove the same at a very high speed in a rash and negligent manner and dashed against a tree. Due to the impact, the deceased sustained grievous injuries and died on the spot. He was aged 40 years. He was working as a Secretary, at Sri. Nanjundeshwara Enterprises Recreation Club and earning Rs. 25,000/ - per month. His wife, children and mother filed a claim petition under Section -166 of the Motor Vehicles Act.

(2.) THE Tribunal awarded a sum of Rs. 5,54,400/ - along with interest. Questioning the liability to satisfy the award, as well as grant of excessive compensation, the insurer has filed MFA No. 4879/2012. Seeking enhancement, the claimants have filed MFA No. 405/2012.

(3.) THE Hon'ble Supreme Court in the case of S. Iyyapan v. M/s. United India Insurance Company Ltd., and Another reported in : (2013) 7 SCC 62, has held that merely because an appropriate endorsement is absent in the license, the insurer cannot be absolved of its liability to satisfy the award. In such a case, the insurer was directed to satisfy the award and recover from the owner. Following the judgment of the Hon'ble Supreme Court, the reasoning assigned by the Tribunal is just and proper and does not call for interference.