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2014 DIGILAW 625 (KAR)

Sampangi v. Divisional Manager, the New India Assurance Company Limited

2014-07-01

H.G.RAMESH

body2014
JUDGMENT HULUVADI G. RAMESH, J. 1. This appeal is filed by the owner/insured of the Tractor and Trailor bearing Nos. KA-42/T-295 and KA-42/T-296, challenging the fastening of the liability by the Motor Accident Claims Tribunal and Principal Civil Judge (Senior Division), Ramanagara, in M.V.C. No. 145 of 2008. 2. The accident occurred on 5th April, 2007 at about 2.00 a.m. when the deceased Puttaswamaiah and his friends were travelling in the Tractor and Trailor bearing Nos. KA-42/T-295 and KA-42/T-296, loaded with wooden pieces, near Kanakapura Circle, Ramanagara Town, due to the negligence of the driver of the tractor, the tractor turned turtle; both Puttaswamaiah and his another friend were struck below the wooden pieces and sustained grievous injuries. Puttaswamaiah was referred to NIMHANS and thereafter, he was treated in Rajiv Gandhi Hospital, however, subsequently on 15-4-2007, he succumbed to the injuries. 3. The claim petition was filed and on the matter being contested, raising relevant issues for consideration, having held that the accident occurred due to negligence on the part of the driver of the Tractor and Trailor in question Tribunal awarded a compensation of Rs. 4,88,000/- fastening liability on the owner on the ground that there is no valid insurance coverage. However, the learned Counsel appearing for the insured/appellant brought to the notice of this Court that there is insurance coverage as on the date of the accident as is noted by the Commissioner for Workmen’s Compensation, Ramanagara, in respect of the same vehicle in question, wherein while fastening the liability, it appears that in C.R. No. 104 of 2008 disposed of on 15-3-2012, it was held that in respect of one of the deceased who died in the accident, the Insurance Company has admitted the insurance coverage. 4. In view of the finding already rendered by the Commissioner for Workmen’s Compensation, Ramanagara in a connected matter regarding coverage of insurance in question, the liability has to be fastened on the insurer. Accordingly, absolving liability on the insured/appellant, it is for the insurer viz. New India Assurance Company Limited, to pay the compensation as ordered by the Tribunal with interest. Accordingly, the appeal is allowed. The impugned judgment and award is hereby set aside. The amount deposited by the owner/appellant be refunded.