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Judgment
Huluvadi G. Ramesh
This appeal is by the appellant - BMTC challenging the fastening of liability by the Principal Motor Accident Claims Tribunal and Chief Judge, Court of Small Causes, Bangalore, in MVC No. 5095/2008, on 04.06.2011. The Tribunal awarded a compensation of Rs. 2,21,144/- with interest @ 6% from the date of petition till realization to the claimant who was injured in the accident occurred on 07.05.2008, due to the negligence of the driver of the BMTC bus bearing registration No.KA-01-F-2094. The Tribunal has fastened the liability on the BMTC, while the said BMTC bus was insured by the respondent - IFFCO Tokio General Insurance Co. Ltd. Since the vehicle was validly insured as on the date of the accident, it is for the insurer -IFFCO Tokio General Insurance Co. Ltd., to make payment. Accordingly, the liability of making the payment of compensation is shifted from the appellant to the second respondent - IFFCO Tokio General Insurance Co. Ltd.
The amount in deposit be refunded. Further, the respondent - insurer shall deposit the payment within three months.
The appeal is disposed off.
Smt. E.I. Sanmathi is permitted to file vakalat for respondent no. 2.