AI Structured Summary
Not yet generated for this judgment
Judgment
Ravi Malimath
Aggrieved by the Judgment & award dated 30-7-2007 passed in MVC No. 453/2006 by the Civil Judge (Senior Division) and Additional M.A.C.T., Chitradurga, fixing the liability on the second respondent owner therein, the present appeal is filed by the owner.
A number of claim petitions were filed seeking various amounts of compensation as a consequence of the accident suffered on 1-3-2006. In the said accident the deceased succumbed to his injuries and the claim petition was filed by the claimant namely respondent No. 1 herein. By the impugned Judgment & award a sum of Rs. 1,84,200/- was awarded along with interest at 6% per annum. The liability was hoisted on the owner. Aggrieved by the same, the owner has filed the present appeal.
The learned counsel appearing for the appellant contends that the Insurance policy taken out covers 60 passengers in all. In terms whereof he has also paid a premium for the said 60 persons. However, the liability has been hoisted on the owner. He further contends that in terms of the Judgment in National Insurance Co. Ltd. Vs. Anjana Shyam and Others, the Insurance Company is liable to the extent of number of persons insured. In particular, reference is placed on paragraph 16 where the Hon''ble Supreme Court has clearly held that so far as permitted passengers who have been covered by the Insurance policy is concerned, the Insurance Company would be liable to the said extent. Further the award is to be satisfied by the Insurance Company would be in the descending order starting from highest to the lowest upto the extent of persons insured.
The Judgment of the Hon''ble Supreme Court squarely covers the case on hand. The sum awarded in the present appeal is the highest sum so far as all the injured and the deceased are concerned. Under these circumstances, the appeal is allowed. The Judgment & award dated 30-7-2007 is set aside to the extent of deleting the liability so far as the appellant is concerned. Respondent No. 2- M/s. Oriental Insurance Company shall satisfy the award passed by the Tribunal.
The amount in-deposit is directed to be refunded to the appellant.