H KANTHAMMA Vs. S RUDRAPPA

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) M. F. A. No. 3254/2007 is filed by petitioners -4, 5 and 6 before the m. A. C. T. and they are aggrieved by the award passed by the M. A. C. T. to the extent of directing the award amount being paid to petitioners -1 to 3 and dismissing the claim petition as against petitioners -4 to 6. Cross-objections is filed by the insurer questioning the liability put on it and, as both these appeal and cross-objections arise out of the same judgment of the M. A. C. T. , they have been disposed of by this common judgment.

(3.) THE learned Counsel for the insurer in the cross-objections contended that the Insurance Company has satisfied the award amount but it may be given the liberty to recover the same from the insured because, deceased Siddappa was the pillion rider in the vehicle insured with the insurance Company and relying on the Apex Court ruling reported in air 2008 SC 2729, it is argued that the liability on the Insurance Company will not arise in respect of the death of a pillion rider. Therefore, the learned counsel argued that since the Insurance Company has already paid the award amount, it may be given liberty to recover the same from the vehicle owner i. e. , the insured.