IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT MFA No.655 OF 2014 (MV) BETWEEN The New India Assurance Co. Ltd., JLB Road, Chamundipuram, Mysore.
Represented by Division Office-1, Lakshmi Complex, 2nd Floor, No.40, K.R. Road, Fort (Opp. Vanivilas Hospital), Bengaluru – 560 002.
By its Senior Divisional Manager. (By Sri. Ravishankar C.R, Advocate) AND 1. Smt. Jayamma Aged about 49 years, W/o Late Gurswamy, Permanent resident of Bellikere Village, Malur Hobli, Channapatna Taluk, Ramanagaram District – 571 411.
Now R/at C/o Sri. Ramegowda, …Appellant Gopalapura Village, Jayapura Hobli, Mysore Taluk – 570 001.
2. Sri. Mahadevu Major, S/o Sri Channegowda, R/at Mathikere Village, Shettihalli Post, Malur Post, Channapatna Taluk – 571 401.
3. The Division Controller KSRTC, Mysore City Division, Bannimantap, Mysore – 570 002.
(By Sri. V.F. Kumbar, Advocate for R1; Smt. H.R. Renuka, Advocate for R3; R2 served unrepresented) ... Respondents This MFA is filed under Section 173(1) of MV Act, against the judgment and award dated 28.10.2013 passed in MVC No.103/2012 on the file of the Senior Civil Judge, MACT, Maddur awarding compensation of Rs.6,01,072/- with interest at 6% p.a. from the date of petition till realisaiton.
This MFA coming for Orders this day, the Court delivered the following:
JUDGMENT Insurer is in appeal aggrieved by the judgment and award dated 28.10.2013 passed in MVC No.103/2012 on the file of Senior Civil Judge and MACT, Maddur, saddling the liability on respondent No.1- Insurer.
2. The Insurer in this appeal contends that the Tribunal ought not to have saddled the liability on the Insurer since at the time of accident, there were more passengers than permitted capacity in the Maxicab. It is submitted that the Maxicab had permit to carry 12 + 1 passengers but, at the time of the accident, 32 passengers were traveling.
3. Both learned counsel for the appellant and learned counsel for respondent No.1 submit that this Court in MFA No.461/2010 and connected matters arising out of the same accident had disposed of by judgment dated 16.06.2011 modifying the judgment and award of the Tribunal to the effect that the Insurer shall pay the compensation amount at the first instance with liberty to recover the same from respondent No.2- Owner of the offending vehicle and prays to dispose of this appeal in the same terms. Following the decision of this Court dated 16.06.2011 in MFA No.461/2010 and connected matters, the present appeal is allowed to the extent that the appellant-Insurer shall pay the compensation to the claimant at the first instance with liberty to recover the same from respondent No.2- Owner.
The amount in deposit be transmitted to the concerned Tribunal.
Sd/- JUDGE MBM