NEW INDIA ASSURANCE CO LTD Vs. GURUBASAPPA

JUDGEMENT

(1.) These two appeals are by Insurance Company and claimants, questioning the M.A.C.T. order dated 28.09.2013 passed in M.V.C.No.202 of 2010 on the file of Additional Senior Civil Judge and M.A.C.T-VI, Jamakhandi (for short 'the M.A.C.T.').

(2.) Brief facts of the case are that, on 26.11.2009 at about 13.30 hours claimants' son/ Mallikarjun Biradar was hit by Tractor and Trailer bearing Registration Nos.KA-48/T- 1872 and KA-48/T-317, due to which, he died when he was traveling on bicycle from college to his house. In this regard, father of the deceased filed a claim petition before the M.A.C.T. M.A.C.T. has proceeded to pass judgment in favour of the claimants and awarded a sum of Rs.6,83,000/- with interest at the rate of 6% per annum.

(3.) Insurance Company questioning the liability to the extent of apportionment with reference to the fact that KA- 48/T-1872 Tractor which was insured. Whereas, KA-48/T- 317 (trailer) which is not insured, whereas in the initial stage at the time of giving complaint, the aforesaid trailer number is appeared in the complaint, later on claimants have manipulated for the purpose of incorporating the insured trailer while giving further statement and incorporated Trailer No.KA-48/T-1873. Claimants have not arrayed owner of the trailer of KA-48/T-317 as a necessary and proper party. Whereas, Sri.Lachchappa-the 1st respondent who is owner of the Trailer No.KA-48/T-1873 has been arrayed as party. In view of the discrepancy in the complaint read with the further statement fastening the entire liability on the Insurance Company is not proper and appropriate. Thus, the M.A.C.T. has committed an error in fastening the liability entirely on the Insurance Company. Therefore the apportionment made by the M.A.C.T. is improper.