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2017 DIGILAW 172 (KAR)

DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. v. MALLAPPA @ MALLESHAPPA S/O PARAMESHWARAPPA

2017-01-31

B.MANOHAR

body2017
ORDER : 1. The United India Insurance Company Limited has filed this review petition seeking review of the judgment dated 14-10-2014 passed by this Court in MFA No. 2135/2013. 2. The main grievance of the review petitioner is that the first respondent herein had filed a claim petition seeking for compensation of Rs.15,00,000/- for the injuries he had sustained in road traffic accident occurred on 28.08.2010, due to the rash and negligent driving of the Tractor and Trailer bearing Registration No. KA-16/TA-1014-15 belonging to the second respondent herein. After trial, the Tribunal held that the claimant has sustained injuries in the road traffic accident and awarded compensation of Rs.86,000/- with interest at the rate of 6% p.a. Insofar as liability was concerned, since the Tractor and Trailer was registered for agricultural purpose and the same was used in violation of conditions of the policy i.e. transporting cement bricks, the Tribunal dismissed the claim petition as against insurance company and fastened the liability on the owner of tractor and trailer. The claimant being not satisfied with the quantum of compensation filed MFA No. 2135/2013 seeking enhancement of compensation. 3. This Court, while partly allowing the appeal, enhanced the compensation and directed the insurance company to compensate the claimant. Though the claim petition as against the insurance company was dismissed by the Tribunal and that the Tribunal had held that the Tractor and Trailer was used in violation of conditions of the policy, this Court has not assigned any reason for fastening liability on the insurance company to compensate the claimant. Hence, the insurance company filed this review petition seeking review of the judgment of this Court dated 14.10.2014. 4. I have heard Sri. A.N. Krishnaswamy, learned counsel appearing for the review petitioner and Sri. V.B. Siddaramaiah, learned counsel appearing for the first respondent. Perused the impugned judgment as also the judgment and award passed by the Tribunal. 5. The records clearly disclose that the claim petition filed by the claimant seeking compensation was allowed in part, however, the petition was dismissed as against the insurance company for violating the conditions of the insurance policy. On an appeal being filed by the claimant seeking enhancement of compensation, this Court enhanced the compensation by Rs.1,18,500/- in addition to the compensation awarded by the Tribunal. However, in the operative portion of the judgment, this Court had directed the insurance company to compensate the claimant. On an appeal being filed by the claimant seeking enhancement of compensation, this Court enhanced the compensation by Rs.1,18,500/- in addition to the compensation awarded by the Tribunal. However, in the operative portion of the judgment, this Court had directed the insurance company to compensate the claimant. Being aggrieved by that portion of the judgment, the insurance company has filed this review petition. 6. It appears, there is some mistake in directing the insurance company to compensate the claimant, since the claim petition as against the insurance company was dismissed for violating the conditions of the policy. That portion of the impugned judgment has to be set aside. Hence, it is appropriate to set aside the impugned judgment and restore the appeal to its file for hearing afresh regarding liability. Accordingly, I pass the following: ORDER The review petition is allowed. The judgment date 14.10.2014 made in MFA No. 2135/2013 is set aside and the appeal is restored to file.