BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. Vs. M.R. MAMATHA

JUDGEMENT

(1.) THE case of the Claimants is that on 10.02.2010 at about 1.30 pm, while the deceased K.H. Prasanna was going on the left side of the road as a pedestrian near Taluk Office, Hosadurga, at that time, a goods auto bearing registration No. KA -16/B -537 came in a rash and negligent manner and dashed against him. He fell down and sustained injuries to his head, abdomen, hand shoulder and other parts of the body. He was shifted to the Government Hospital, Hosdurga for treatment and then referred to SS Hospital, Davanagere. Thereafter, he died. The wife and two children filed a claim petition under Section 166 of MV Act. The Tribunal awarded a sum of Rs. 15,34,044/ - along with interest. Seeking enhancement, claimants have filed MFA No. 7107/2012 and questioning the liability the insurer has filed MFA No. 7359/2012.

(2.) THE Tribunal while considering the plea of the insurer held that driver of the vehicle did not possess a proper licence to drive the class of vehicle. The driver was authorized to drive only a non -transport vehicle and the vehicle in question is a transport vehicle. Hence, the Tribunal was of the view that the insurer is not liable to indemnify the insured. However, the insurer was directed to pay the compensation to the Claimants and thereafter to recover the same from the insured.

(3.) IN view of the aforesaid judgment of the Supreme Court the Tribunal is right in law in holding that insurer has to first satisfy the award and thereafter recover the same from the insured. Hence, the contention of the learned counsel for the insurer is rejected.