BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. REPRESENTED BY ITS ASST. VICE PRESIDENT (CLAIMS) Vs. JAVARAPPA, N. PRADEEP AND M. MAHADEVU

JUDGEMENT

(1.) INSURER is in appeal questioning the Judgment and award passed by MACT, Mysore in MVC 1137/2010 dated 31.08.2010 whereunder claim petition filed by first respondent herein (claimant) seeking compensation of Rs. 11,55,000/ - on account of injuries sustained in a road traffic accident that took place on 10.03.2007 came to be allowed in part and a total compensation of Rs. 91,000/ - with interest @ 6% p.a. from the date of petition till date of deposit by fastening the liability on appellant -insurer. I have heard the arguments of Smt. H.R. Renuka, learned counsel appearing for insurer and Sri. Harish Chandra, learned counsel appearing on behalf of Sri. K.N. Phanindra, for respondent No. 3. Respondents 1 and 2 are served and unrepresented.

(2.) IT is the contention of Smt. H.R. Renuka, learned counsel for insurer that very involvement of insured vehicle itself is in doubt or dispute, inasmuch as Exhibit P -4 namely wound certificate relied upon by the claimant before tribunal would itself indicate that claimant had sustained injuries in a road traffic accident while travelling in a luggage Auto bearing registration No. KA -11 -7251 and claim is against the insured and insurer in respect of vehicle bearing registration No. KA -09 -A -4145 and tribunal committed a serious error in ignoring the entry found in Exhibit P -4 to the said effect and as such it has erroneously fastened the liability jointly and severally on the insured as well insurer and has directed the insurance company namely insurer to indemnify the claim. Hence, she seeks for setting aside the Judgment and award passed by tribunal and prays for dismissal of the claim petition by allowing the appeal. In support of her submission she has relied upon the Judgment of Hon'ble Apex Court in the case of North West Karnataka Rd. Transport Corp. Vs. Gourabai and Others, 2009 (8) SCALE 787 .

(3.) HAVING heard the learned advocates appearing for the parties and on perusal of Judgment and award in question as well as records secured from the Tribunal, I am of the considered view that following points would arise for my consideration: 1. Whether the Judgment and award passed by tribunal fastening the liability on the insurer by concluding or holding that vehicle bearing registration No. KA -09 -A -4145 was involved in the road traffic accident that occurred on 10.03.2007 is just and proper or it requires to be set aside. 2. What order? RE: POINT NO. 1: