N. SREENIVASA NAIDU Vs. THE NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) THE case of the claimant is that on 30.1.2011, she and her husband were proceeding from Chintamani towards Bangalore in a Tata India Car bearing registration No. KA -02 -N -8493. At about 7.30 p.m., when the car reached Shivanapura Gate, a private bus bearing registration No. KA -07 -6800 came from Hoskote side towards Chintamani in a rash and negligent manner and dashed against the car. As a result, the claimant's husband, Chinnappa and the driver died on the spot. The claimant -Kamalamma also sustained severe injuries. For the injuries sustained by her, she filed M.V.C. No. 2396/2011. For the death of Chinappa, his widow Kamalamma and the children filed M.V.C. No. 2397/2011. Both the petitions were heard together. In M.V.C. No. 2397/2011, the Tribunal in all awarded a compensation of Rs.19,54,664/ - alongwith interest. It held the owner of the bus liable to satisfy the award. The insurer was absolved from any liability. Aggrieved by the same, the owner of the bus has filed this appeal.

(2.) SRI Y.R. Sadasiva Reddy, the learned Senior Counsel appearing for the appellant's counsel contends that the Tribunal has committed an error in foisting the liability on the owner of the vehicle and therefore prays for setting aside the impugned award.

(3.) ON considering the contentions as well as the reasoning of the Tribunal, we are of the view that appropriate relief requires to be granted. The judgment relied upon by the Tribunal in the aforesaid case is with reference to a case wherein three persons were travelling in an autorickshaw which met with an accident. Two of them lost their lives and one was severely injured. The insurer resisted the claim on the ground that the insured had not obtained the permit to ply the vehicle and therefore the terms of the policy of insurance having been violated, the insurer was not liable to satisfy the award. The said contention was accepted and it was held that it amounts to a violation of the terms of the policy.