NATIONAL INSURANCE COMPANY LTD Vs. MAHALINGAPPA

JUDGEMENT

(1.) The Insurer of the motor cycle bearing No.KA-16/R5544 is in appeal impugning the judgment and award dated 16.6.2011 in MVC No.180/2009 on the file of the Principal Civil Judge (Senior Division) and Additional MACT, Chitradurga (for short, 'learned Tribunal').

(2.) Mr. Mahalingappa, the injured claimant (who died during the pendency of this appeal and is now represented by his legal heirs) presented the claim petition in MVC No.180/2009 before the learned Tribunal seeking compensation for the injuries suffered by him in a road accident on 6.9.2008. The learned Tribunal allowed the claim petition awarding a total sum of Rs.81,900/- along with interest at the rate of 6% per annum.

(3.) The learned Counsel for appellant - Insurer of the offending vehicle (referred to as the "Insurance Company'), at the outset, submitted that the present appeal is filed challenging the learned Tribunal's finding only insofar as the finding that the injured claimant was riding on the pillion of the motor cycle bearing No. KA- 16/R-5544 driven by the respondent No. 1 and that the accident was caused by the respondent No. 1 - driver of the offending motor cycle. The learned Counsel contended that the injured claimant was himself driving the motor cycle. He collided against another oncoming motor cycle. However, to stake a false claim for compensation, the claim petition is presented asserting that the injured claimant was on the pillion of the motor cycle and the respondent No. 1 was driving the motor cycle. The learned counsel for the Insurance company emphasized that if the injured claimant himself was driving the motor cycle, the Insurance Company would be not be liable because the owner or agent of the owner will not be entitled to compensation for the losses suffered brought about by owner's own (or his agent's) negligence.