UNITED INDIA INSURANCE CO LTD Vs. LACHAMMAWWA

JUDGEMENT

(1.) HEARD learned Counsel for the appellant Mr. O. Mahesh and Mr. CM. Desai for respondents.

(2.) THIS appeal arises from the judgment and award dated 5. 1. 1989, given in the M. V. C. No. 140 of 1987. The facts of the case are not much in dispute and the only question that has been raised relates to the extent of liability of the insurance company. The Tribunal on the basis of the evidence on record has come to the conclusion and has recorded the finding that the accident in question had taken place on the date and place, namely, on 3. 11. 86 at 8 p. m. at the place mentioned in the claim petition, due to rash and negligent driving of the vehicle in question, namely, Tempo bearing registration No. CNJ 6066, by its driver. The Tribunal assessed the loss of dependency to be Rs. 3,600 per annum and therefore, it assessed the loss of dependency on account of the death of Sidramappa, the son of the claimant No. 1, husband of the claimant No. 2 and father of claimant Nos. 3 and 4, and held that the claimants were entitled as such to the compensation for the loss of dependency to the tune of Rs. 39,600. The Tribunal also awarded a sum of Rs. 5,000 for loss to the estate and expectation of life. It has further awarded a sum of Rs. 2,000 towards funeral and obsequies. Thus in total the Tribunal held that the claimants were entitled to the compensation to the tune of Rs. 50,600. Tribunal held that the driver, owner and the insurance company, that is, the insurer were jointly liable to make the payment of the compensation along with interest at the rate of 9 per cent and the primary liability was that of the respondent in the claim petition, namely, the insurance company.

(3.) THE insurance company having felt aggrieved from the award has come up in appeal before this Court. It has been contended by Mr. O. Mahesh, learned Counsel for the appellant that the tribunal has committed error of law in fastening the liability for entire compensation along with interest on the insurance company, appellant. He submitted that at the most the liability of the company would be to the extent of Rs. 30,000 and not more.