UNITED INDIA INSURANCE CO LTD Vs. ANITHA

JUDGEMENT

(1.) ALL these three appeals arise out of one and the same order passed by the MACT, Belgaum and hence, they have been disposed of by this common order.

(2.) M. F. A. NO. 8622/03 is filed by M/s. United India insurance Company Limited and the main ground urged in this appeal is that the claimants had filed petition under Section 166 of the Motor Vehicles act and later on got it converted into Section 163 (A) of the Act and the Tribunal though recorded a positive finding that the income of the deceased was Rs. 1,20,000/- per annum, it confined it to Rs. 40,000/- p. a. so as to bring the case within the ambit of Section 1163 (A ). This procedure followed by the Tribunal is contrary to the law laid down by the Apex Court and therefore, the claim petition, in so far as M. V. C. No. 785/99 is concerned, ought to have been dismissed by the Tribunal and the appeal filed by the insurance company be allowed on this ground alone. The further ground urged in this appeal by the insurance company is that the deceased was at fault and the accident took place on account of rash and negligent driving of the jeep by the driver concerned and as such, the insurance company cannot made liable far the fault of the driver of the vehicle and the driver was also mot a workman in the vehicle in question and therefore, the question of saddling the insurance company will not arise.

(3.) M. F. AS. NO. 816 and 817 of 2004 are preferred by the national Insurance Company-the insurer of the lorry involved in the accident, assailing the finding of the Tribunal with regard to apportionment of negligence in respect of drivers as well as the quantum of compensation.