NEW INDIA ASSURANCE COMPANY LIMITED BANGALORE Vs. PAPAIAH

JUDGEMENT

(1.) NEW India Assurance Company Limited, the appellant herein in both the cases, has questioned the correctness of the award passed by the mact-V, Court of Small Causes, Bangalore City, in M. V. C. Nos. 2097 of 2004 and 2099 of 2004, fastening liability on the Insurance Company and directing it to pay the compensation to the claimants in the above two cases.

(2.) THE facts involved in these two cases, in a nutshell, are as under: the petitioners in M. V. C. No. 2097 of 2004 are the husband and children of deceased Jayamma and the petitioners in M. V. C. No. 2099 of 2004 are the wife and daughter of deceased Bharath. It is the case of the petitioners that on 10-3-2004, the above said Jayamma, Bharath and other family members had gone to Ugranarasimha Swamy Temple in an autorikshaw bearing No. KA-06-7745, and at about 7. 30 a. m. , due to the rash and negligent driving of the auto by its driver, the auto turned turtle and fell into a ditch, killing on the spot Jayamma, Bharath and chandana. Based on the claims made by the petitioners in the above mentioned cases and after considering the evidence let in by the petitioners, and in the light of the F. I. R. , charge-sheet, sketch, mahazar, and post mortem reports filed, the Tribunal had no hesitation to arrive at the conclusion that the accident took place due to the rash and negligent driving of the autorikshaw by its driver. After considering the legal evidence adduced by the petitioners, the Tribunal awarded a sum of Rs. 3,44,000/- in M. V. C. No. 2097 of 2004, and a sum of Rs. 6,95,000/-in M. V. C. No. 2099 of 2004, and in both the cases, the Tribunal held that the appellant-Insurance Company is liable to pay the compensation awarded.

(3.) THE main contention urged in these appeals by the appellant-Insurance Company is that the autorikshaw had the permit only to ply within the radius of 10 kms. of Tumkur Town, whereas the accident took place at a place, which is 20 k. ms. away from kyathasandra Police Station, Tumkur, and therefore, there was a clear breach of permit condition by the insured and as such, the Tribunal could not have held the Insurance Company liable to pay the compensation. No other grounds are urged in these two appeals so far as the quantum of compensation awarded by the Tribunal is concerned.