BRANCH MANAGER Vs. CHINNATALLI

JUDGEMENT

(1.) This appeal is by the Insurance Company calling in question the judgment and award dated 18.06.2013 in MVC No.167/2010 on the file of the Senior Civil Judge and Member M.A.C.T.-IX, Basavana Bagewadi (for short 'the Tribunal").

(2.) The respondent Nos.1 to 5, who are the wife, minor children and the mother of the deceased Sri Anjaneyalu Budajang, filed the claim petition in MVC No.167/2010 under Section 163-A of the Motor Vehicles Act (for short 'the Act"), seeking compensation for the demise of Sri Anjaneyalu Budajang. The claimants asserted that on 12.03.2010, at about 5.00 p.m Sri Anjaneyalu Budajang along with two other persons were travelling on a motorcycle from Galagali to Yadahalli Cross. A bullock ran on to the road suddenly, and the deceased, who was riding the motorcycle, tried to avert the bullock but hit a mile stone by the side of the road. Sri Anjaneyalu Budajang sustained grievous injuries and died on the way to the hospital. The deceased was engaged in selling Ayurvedic Medicine and had an annual income of about Rs.40,000/- per year. The petitioners were deprived of dependency and love and affection.

(3.) The claimants arrayed the owner and the Insurer of the motorcycle as the respondents. The respondents contested the claim petition contending inter alia that Sri Anjaneyalu Budajang was intoxicated and he himself was responsible for the accident. Insofar as the Insurer of the motorbike, it was specifically contended that the deceased, Sri Anjaneyalu Budajang, would step into the shoes of the owner/insured and therefore, there cannot be any indemnity. Consequentially, the Insurer will not be liable to pay any compensation. The claim petition if even under Section 163-A of the Act would not be maintainable.