KAMALAMMA ALIAS ANANDAMMA Vs. KHADAR SAB

JUDGEMENT

(1.) HEARD Sriyuths.Y.Lakshmikant Reddy, learned counsel appearing for the appellant and Mallikarjun Madanalli, learned counsel appearing on behalf of Nagaraj C.Kolloori, for respondent No.2. Notice to respondent No.1 is dispensed with.

(2.) PERUSED the judgment and award in question whereunder claim petition filed by the claimant seeking compensation of Rs.10,00,000/ - has been allowed in part and a sum of Rs.3,37,000/ - with interest @ 6% per annum has been awarded by exonerating the insurer from indemnifying the claim has been called in question.

(3.) IT is the contention of Sri.Y.Lakshmikant Reddy, learned counsel appearing for the claimant that Tribunal committed a serious error in exonerating the insurer of its liability and Tribunal ought to have fixed the liability on the insurance company since the owner was not intimated regarding the cancellation of the policy and Insurer had not produced any acknowledgement for having intimated to the owner of the vehicle about dishonour of cheque issued by insured towards premium and as such 3rd party claim would still subsist. He would also elaborate his contention that Tribunal ought to have fastened the liability on the insurer since deceased was a 3rd party and also subsists that compensation awarded by the Tribunal under various heads is abysmally on the lower side and as such he seeks for enhancement.