BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. S RAMESH

JUDGEMENT

(1.) THE respondent insurance company in MVC. No. 15/2005 on the file of MACT, Kollegal has come up in this appeal challenging the judgment and award dated 27.6.2008 fastening the liability to pay compensation to claimant for the injuries suffered by him in a motor vehicle accident.

(2.) BRIEF facts leading to this appeal are, respondent herein, claimant before the Tribunal is owner of Maruthi Omni Car bearing registration No.KA-09/N-2152. His case is that on 14.2.2005 at about 3.30 a.m., in the early morning while he was returning from Bangalore to his native place along with his friends, said vehicle met with an accident between Maddur - Malavalli near Kempegowda's Chamundeshwari Plaining Mill resulting in grievous injuries to his thigh, leg and other parts of body. Hence, he filed claim petition seeking compensation for the injuries suffered by him in the accident. The Tribunal after recording evidence, on appreciation of pleadings oral and documentary evidence available on record proceeded to partially allow the claim petition awarding compensation to him in a sum of Rs. 1,19,198/- payable with interest at 6% p.a., from the date of petition till date of realisation.

(3.) WHEN once the Tribunal has come to the conclusion that claimant is not entitled to seek compensation as tort feasor by himself, there was no justification for the Tribunal to award compensation to him on any of the heads. Infact, this position is covered by the decision of the Apex Court in the matter of Ningamma & another v. United India Insurance Co. Ltd., 2009 ACJ 2020 : (AIR 2009 SC 3056) and in the matter of Oriental Insurance Co. Ltd. v. Rajinidevi, 2008 ACJ 1441 (SC).