ORIENTAL INSURANCE CO , LTD Vs. PARVATHE GOWDA

JUDGEMENT

(1.) The appeal by the insurer in MFA No.6890/2014 and the appeal by the claimants in MFA No.6685/2014 have been admitted and are taken up for final consideration with consent of both the parties.

(2.) The insurer has filed an appeal being aggrieved by the judgment and award passed in MVC No.500/2008, whereby the Tribunal had awarded compensation of Rs. 3,42,000/- and had fastened the liability on the insurer to deposit and pay the compensation amount, while the insurer has disputed the fastening of liability, primarily contending that there were discrepancies as regards the accident which has not been appreciated by the Tribunal in proper perspective.

(3.) Before adverting to the facts, it is to be noted that on an earlier occasion, the judgment of the Tribunal passed in the same claim petition, came to be challenged in M.F.A. No.3532/2010(MV) and this Court, by its judgment dated 25.04.2013, had set-aside the award of the Tribunal and the matter was remanded back to the Tribunal for a fresh consideration and had afforded liberty to the parties to adduce further evidence. This Court, while remanding the matter back, had observed that the findings recorded by the Tribunal were contradictory insofar as, though the issue raised as regards to the occurrence of the accident and that the accident had occurred due to the rash and negligent driving of the Tata Sumo by its driver, being found in the affirmative, the Tribunal in the impugned judgment, had observed that the claimants have failed to prove the involvement of the insured vehicle and fastened the liability on the owner of the vehicle. After remand, fresh evidence had been let in by the insurer and the Tribunal after consideration of the matter on merits, has granted compensation as awarded earlier and has recorded finding only as regards to the question of liability.