NEW INDIA ASSURANCE COMPANY LIMITED BANGALORE Vs. HANUMANTHAPPA

JUDGEMENT

(1.) THIS appeal is directed against the award dated 16-10-1993 in MVC No. 599 of 1990 passed by the District Judge and Motor Accidents Claims Tribunal at Chitradurga, in passing whereof, the Motor Accidents Claims Tribunal had awarded a sum of Rs. 65,000/- together with interest at 9% p. a. as against the appellant-Insurance Company and the respondent 7-owner, the liability being joint and several.

(2.) I heard the learned Counsel for the appellant-Insurance Company, Sri K. Suryanarayana Rao and Sri B. M. Siddappa appearing for the respondents 1 to 6. The respondent 7 is represented by sri N. D. Jayadevappa. I have also perused the case records.

(3.) THE short point for my consideration in the instant appeal is whether the impugned judgment and award passed by the Motor Accidents Claims Tribunal (henceforth, 'mact' for convenience) fastening the entire liability on the appellant-Insurance Company without the same being restricted to what is awardable under the Workmen's Compensation Act as contemplated under Section 147 (1) of the Motor Vehicles Act, 1988 is proper or not.