DEEPIKA KUNDAN SHAH Vs. KASTURI

JUDGEMENT

(1.) In all these appeals, the claimants have laid a challenge to the common judgment and award dated 16.01.2014, made by the MACT, Belagavi, whereby a compensation of Rs.1,08,000/- is awarded in M.V.C.No.450/2008 which is challenged in M.F.A. No.10174/2014, a compensation of Rs.1,36,000/- is awarded in M.V.C.No.449/2008 which is challenged in M.F.A.No.101713/2014 and a compensation of Rs.40,000/- is awarded in M.V.C.No.443/2008 which is challenged in M.F.A.No.101708/2014 with interest at the rate of 6% p.a.

(2.) In all the above cases, the MACT by its impugned judgment and award has restricted the liability of the insurance company to pay Rs.50,000/- only and the remaining liability is resting upon the first respondentowner of the vehicle. This restriction is the subject matter of challenge before this Court in all these three appeals.

(3.) Learned counsel for the claimants Sri Sanjay S. Katageri submits that the question of liability and facts arising in all these three appeals have been finally settled by this Court in M.F.A.No.101709/2014 and also in M.F.A.No.101710/2014 which also arose from the very same judgment and award involved in the present appeals. Therefore, the judgment dated 31.08.2017 made by this Court in Appeal No.101709/2014 is to be read as a part of this judgment too. Paragraphs 4 and 5 of the said judgment read as under: