TATA AIG GENERAL INSURANCE COMPANY LTD Vs. LINGAMMA

JUDGEMENT

(1.) On 22.10.2011, the deceased Lingappa @ Ningappa and his son Saibanna were going by foot on the right side of the road at about 8.30 p.m. near LVT Building, Karatigi of Gangavathi Taluka. The 1st respondent before the Tribunal as a rider of the two wheeler bearing registration No.KA-37/S-3676 rode the same in a rash and negligent manner. He hit the deceased from the hind side. The deceased fell down and sustained severe injuries. He was shifted to the Government Hospital, Karatigi for treatment and thereafter to VIMS, Ballari. While under treatment, he died on 28.10.2011.

(2.) A claim petition was filed under Section 166 of the Motor Vehicles Act by his wife and four children. They claimed compensation at the rate of Rs.400/- per month on the ground that the deceased was a cart puller. The Tribunal on contest, awarded a compensation of Rs.3,69,000/- to petitioners 1, 4 and 5 along with interest at the rate of 7% p.a. to be paid by the 1st respondent-the Insurer of the vehicle. The 2nd respondent-Insurer was directed to pay the compensation and recover it from the 1st respondent being the rider and owner of the vehicle. Questioning the liability to pay and recover the amount, the Insurer has filed M.F.A.No.24916 of 201 Seeking enhancement of compensation the claimants have filed M.F.A.Crob.935 of 2013 and questioning the liability foisted on the owner/rider of the motor vehicle, he has filed M.F.A.Crob.100005 of 2016.

(3.) Learned counsel for the insurer contends that the question of pay and recover would not arise for consideration since there is no liability foisted on the insurer and he has been absolved of it. Therefore, it is the owner alone who has to pay.