IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR MISCELLANEOUS FIRST APPEAL NO.5326/2016 BETWEEN:
D.SUJATHA, W/O K.P.CHANDRASHEKAR, AGED ABOUT 59 YEARS, RESIDING AT:
NO.37, JANATHA COLONY, VISHWANEEDHAM POST, YESHWANTHAPURA HOBLI, BANGALORE.
NATIVE ADDRESS:
NO.17/288, HOUSING BOARD, SRIKALAHASTI, CHITTOOR DISTRICT, A.P. .. APPELLANT (BY SRI. JAGADISH G. KUMBAR, FOR SRI.SREENIVASAIAH A., ADVOCATE) AND:
1. B.KESAVULU, S/O MUNISWAMY NAIDU, KSHEERASAMUDRAM, S.R.PURAM, CHITTOOR DISTRICT, A.P.
2. THE MANAGER, SHRIRAM GENERAL INSURANCE CO.LTD., S-5, II FLOOR, MONARCH CHAMBERS, INFANTRY ROAD, BANGALORE-560 001 (NOTE: OLD ADDRESS) THE MANAGER, SHRIRAM GENERAL INSURANCE CO.LTD., NO.5/4, III FLOOR, S.V.ARCADE, BILEKAHALLI MAIN ROAD, OPP.IIMB POST, BANNERRUGHATTA ROAD, BANGALORE- 560 001 (NOTE: NEW ADDRESS) .. RESPONDENTS (BY SRI. O.MAHESH, ADVOCATE FOR R2,) R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:21.11.2014 PASSED IN MVC NO.7121/2012 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Appellant is injured claimant before the Tribunal. Claimant was travelling in a Maruthi Car. A bus hired by Andhra Pradesh State Road Transport Corporation and insured with Shriram General Insurance Company Limited dashed against the car. Claimant suffered injuries and filed the instant claim petition. After adjudication, the Tribunal has awarded compensation of `86,920/- and absolved the insurer of the bus on the ground that claimant had failed to prove that bus in question had valid permit and fitness certificate.
2. Sri Sreenivasaiah A., learned Advocate for the appellant submitted that in respect of another passenger who was also traveling in the car, this Court in MFA.No.5325/2016 disposed of on 17.09.2019 has directed the insurer to pay compensation awarded by the Tribunal with liberty to recover the same from the owner of the bus. He prays for an order in similar terms. Appeal is not pressed so far as enhancement is concerned.
3. Sri O.Mahesh, learned advocate for the insurer/2nd respondent does not dispute the submission made by the learned advocate for the appellant.
4. In MFA.No.5325/2016, this Court, following Amrit Paul Singh & Anr. Vs.TATA AIG General Insurance Company Limited & Others reported in (2008) 7 SCC 558 has directed the insurer to pay the compensation and granted liberty to recover the same from the owner of the bus.
5. Therefore, in the facts and circumstances, following the judgment in MFA.No.5325/2016 dated 17.09.2019, respondent No.2-insurer is directed to pay the compensation awarded by the Tribunal with liberty to recover the same from the owner of the bus. Ordered accordingly.
Accordingly, the appeal is allowed in part. No costs.
Sd/- JUDGE PKS