AI Structured Summary
Not yet generated for this judgment
Judgment
B. Sreenivase Gowda, J.—This appeal is by the Insurer of offending vehicle challenging the award of the Tribunal on the ground of liability.
Although this matter is listed in the orders list, with the consent of learned Counsel appearing for the parties, it is admitted and taken up for final disposal.
For the sake of convenience parties are referred to as they are referred to in the claim petition.
Brief facts of the case as pleaded in the claim petition are:
That on 28.09.2005 when the claimant was proceeding in a tractor-trailer bearing registration No. KA-06/T-5210-11 as coolie from Melekote village towards NH-4 in the lands of Horakerappa the driver moved the tractor in a rash and negligent manner and caused the accident as a result the claimant sustained injuries. Hence, he filed a claim petition before MACT, Sira seeking compensation of Rs. 3,50,000/- and the Tribunal has awarded a compensation of Rs. 35,000/- with interest at 6% p.a. and directed the insurer of the tractor-trailer to pay compensation to the claimant.
The insurer of the tractor trailer aggrieved by the award of the Tribunal in fastening liability against them have preferred this appeal.
As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred due to rash and negligent driving of the tractor trailer by its driver, the only point that remains for my consideration in the appeal is:
Whether the Tribunal is justified in fastening liability against the insurer of the vehicle in question by directing them to pay compensation to the claimant?
learned Counsel appearing for the claimant submits that the matter is covered by the decision of this Court in the case of National Insurance Company Ltd. v. Sri Mural son of Hanumantha Poojwy and Ors. in MFA 6566 of 2006 and other connected matters decided on 27J 2.2010.
Learned Counsel appearing for the insurer does not dispute the same.
The award of the Tribunal fastening liability against the insurer is in accordance with the judgment; of the Division Bench of this Court cited supra.
Accordingly the appeal is dismissed as devoid of merit.
The amount in deposit is ordered to be transferred to the Tribunal for disbursement.