M. ANASUYA DEVI Vs. SINDHU DEVELOPERS

JUDGEMENT

(1.) THE appellant is before this Court, assailing the judgment and award dated 19.01.2011 passed in MVC No. 1209/2009.

(2.) THE appellant is the claimant, who had sought for compensation in respect of the death of her son in the accident which occurred on 30.06.2009. The son of the claimant was travelling in the Innova Car bearing registration No. KA -41/M -4344 driven by the respondent No. 1. The said vehicle initially dashed against the motorcycle bearing No. KA -15/Q -4344 and thereafter a bus bearing No. TN -49/L -7714. The Tribunal has awarded the compensation of Rs. 16,29,500/ -. The liability has however been fastened on the respondents 1 and 2, while holding that the respondents 3 to 6 which includes the insurer of Innova car are not liable. The claimant is therefore before this Court, assailing the finding rendered by the Tribunal with regard to the negligence, liability and quantum of compensation granted. Since three aspects have been raised for consideration, each of them requires consideration.

(3.) THE next question that arises for consideration is with regard to the liability or otherwise of the respondent No. 3 -Insurance Company, which has issued the policy in respect of the Innova car. The registration certificate marked as Ex.R2 indicates that the vehicle is owned by M/s. Sindhu Developers and the name of the Managing Director is shown therein as the owner. The policy issued by the third respondent is also to the same effect. In the instant case, the fact that the deceased was the partner of M/s. Sindhu Developers cannot be in dispute. Certain disputes are being raised as to whether the deceased was the Managing Partner of M/s. Sindhu Developers or not since, the policy is issued in the name of the Managing Partner. The Insurance Company contends that the deceased being a Managing Partner is the owner. He being a occupant in the vehicle would not be entitled to coverage under the Policy. The learned counsel for the appellant however contends that he was only a partner and not the Managing Partner. The question therefore is also, even if he is considered only as a partner, whether the insurance policy would cover him and for that purpose would he cease to be the owner of the vehicle namely the Innova car, which met with an accident?