THE MANAGING DIRECTOR, NWKRTC, GOKUL ROAD, HUBLI, PRESENTLY v. SHIVANANDA

(BY SRI.RAVI V.HOSAMANI, ADVOCATE) £PETITIONE AND:

SHIVANANDA S/O. SHIVAPPA HAVANUR, AGED ABOUT 43 YEARS, 0CC: MECHANIC ETC. B.P. HUCHANNAVAR, AGE: MAJOR, 0CC: BUSINESS, R/0 : UDAYANAGAR, GADAG. THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP. P.B.ROAD, HUBLI. (BY SRI.V.R.DATAR, ADV. FOR R3 Ri & R2 NOTICE DISPENSED WITH) RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OP MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 04.06.2009 PASSED IN MVC NO.245/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) & AMACT AND ITENERATE COURT AT BYADGI AWARDING THE COMPENSATION OF RS.30,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF ACTUAL DEPOSIT. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: -2- JUDGMENT Though this appeal is posted for orders with the consent of the counsel on both the sides, it is heard finally.

This appeal is filed by NWKRTC, assailing the judgment and award passed in MVC No.245/2006, dated

19.06.2009 by the Civil Judge (Sr.Dn.) & AMACT & ITENERATE Court at Byadgi on the question of liability.

3. I have heard the learned counsel for the appellant and also the learned counsel for the respondent No.3.

During the course of argument learned counsel for the appellant has brought to my notice the latest decision of the Hon’ble Apex Court in the case of U.P.State Road Transport Corporation Vs. Kulsum and others reported in 2011 ACJ 2145 and that the liability to satisfy the award has to be fastened on the Insurance Company. The learned counsel for the Insurance Company does not dispute this position of law.

In view of the Hon’ble Apex Court’s decision, the 3rd respondent Insurance Company is directed to satisfy the 0 s a s a i . r t a t r g * ,Ha s . ’ a C . ‘ 5 . s a ) , c S