The Divisional Manager, The National Insurance Company Limited v. The Divisional Manager, The National Insurance Company Ltd

Judgment

1. Suresh, S/o Basanagouda Halakeri, Age: 51 years, 0cc: Agriculture- cum Kirana Merchant, R/o Sirur Village, Taluk: Yelburga, Dist: Koppal. Appellant

4. Smt. TMT P.Pushpa, W/o P. Mohan, Age: Major, 0cc: Business & Owner of Truck No.TN-27/P-4367, R/o No.D.No.4-A/27, P.P.Road, Selam-1 (T.N.) United India Insurance Company Ltd., Peramanar Main Road, Salem-636006 (Insurer of Truck No.TN-27/P-4367, Policy No, 70800/31/0206017 valid 3L3.2002 to 30.3.2004) Nagaraj. S/o Rangaswamy Bandi, Age: Major, 0cc: Owner of Maxi Cab Bearing No.KA-25/A-1706, R/o Mangalore, Tq. Yelburga, Dist: Koppal. Respondents (By Sri B. Sharanabasava, Adv. for R-1; Sri Ravindra R. Mane. Adv. for R-3; R-2 to R-4 served) This MFA is filed under Section 173(1) of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.478/2006 on the file of the Addi. MACT and Fast Track Court-I, Rs.267200/- along with interest at the rate of 6% p.a. from the date of petition till its deposit. IN MFA No.22298/2009: compensation awarding Koppal, BETWEEN: The Divisional Manager, The National Insurance Company Appellant 3 Limited, Divisional Office, Bilgundi Mansion, Station Road, Gulburga, Represented by its Divisional Manager, The National Insurance Company Ltd., Sujatha Complex, P.B.Road, Hubli. (By Sri S.K.Kayakamath, Adv.) AND:

1. Basavaraj, Sb Shankarappa Arakeri, Age: 16 years, Minor U/G of his natural Father Shankarappa, S/o Kenchareddeppa Arakeri, Age: 48 years, 0cc: Agriculture, R/o Shirur, Tq. Yelburga, Dist: Koppal.

Smt. TMT P.Pushpa, W/o P. Mohan, Age: Major, 0cc: Business & Owner of Truck No.TN-27/P-4367, Rio No.D.No.4-A/27, P.P.Road, Selam- 1 (T.N.) United India Insurance Company Ltd., Peramanar Main Road, Salem-636006 (Insurer of Truck No.TN-27/P-4367, Policy No. 170800/31/0206017 valid 3 1.3.2002 to 30.3.2004)

4. Nagaraj, Sb Rangaswamy Bandi, Age: Major, 0cc: Owner of Maxi Cab Bearing No.KA-25/A- 1706, 4 R/o Mangalore. Tq. Yelburga. Dist: Koppal. (By Sri B.Sharanabasava, Adv. for R-1; Sri Ravindra R. Mane, Adv. for R-3; R-2 and R-4 served) Respondents This MFA is filed under Section 173(1) of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.236/2006 on the file of the Addi. MACT and Fast Track Court-I, Koppal, awarding compensation of Rs.35,000/- along with interest at the rate of 6% p.a. from the date of petition till its deposit. INMFANo.22300j2009: BETWEEN: The Divisional Manager, The National Insurance Company Limited, Divisional Office, Bilgundi Mansion, Station Road, Gulburga. Represented by its Divisional Manager. The National Insurance Company Ltd., Sujatha Complex, P.B.Road. Hubli. (By Sri S.K.Kayakamath, Adv.) AND: • Kotresh, S/o Mudiyappa Benakal, Age: 16 years, Minor U/G of his natural Father Mudivappa, S/o Shekappa, Age: 36 years, Appellant 0cc: Agriculture. R/o Shirur. Tq. Yelburga, Dist: Koppal.

2. 3

4. Smt TMT P,Pushpa, W/o P. Mohan, Age: Major, 0cc: Business & Owner of Truck No.TN-27/P-4367, R/o No.D.No.4-A/27, P,P.Road, Selam-1 (T.N.) United India Insurance Company Ltd., Peramanar Main Road, Salem-636006 (Insurer of Truck No.TN-27/P-4367, Policy No. 170800/31/0206017 valid 31.3.2002 to 30.3.2004) Nagaraj, S/o Rangaswamy Bandi, Age: Major, 0cc: Owner of Maxi Cab Bearing No.KA-25/A-1706, R/o Mangalore, Tq. Yelburga, Dist: Koppal. (By Sri B.Sharanabasava, Adv, for R-1; Sri Ravindra R, Mane, Adv. for R-3; R-2 and R-4 served) Respondents This MFA is filed under Section 173(1> of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.238/2006 on the file of the Addi. MACT and Fast Track Court-I, Koppal, awarding compensation of Rs.80,000/- along with interest at the rate of 6% p.a. from the date of petition till its deposit. 6 IN MFA No223Ol/2OO9: BETWEEN: The Divisional Manager, The National Insurance Company Limited, Divisional Office, Bilgundi Mansion, Station Road, Gulburga, Represented by its Divisional Manager, The National Insurance Company Ltd, Sujatha Complex, P.BRoad, Hubli. (By Sri S.K.Kavakamath, Adv.) AND: 1, Kum, Matengevva, D/o Ramappa Pujari, Age: 16 years, Minor and U/G of her natural Father Ramappa, S/o Erappa Pujari, Age: 46 years, 0cc: Agriculture, R/o Shirur. Tq. Yelburga, Dist: Koppal.

3. Smt, TMT P.Pushpa, W/o P. Mohan, Age: Major. 0cc: Business & Owner of Truck No.TN27/P-4367, R/o No.D.No.4-A/27, P.P.Road, Selam-l (T.N.) United India Insurance Company Ltd.. Peramanar Main Road. Salem-636006 (Insurer of Truck No.TN-27/P-3367, Policy No. 170800/31/0206017 valid 31.3.2003 to 30.3.2004) Appellant 7

4. Nagaraj. S/o Rangaswamv Bandi, Age: Major, 0cc: Owner of Maxi Cab Bearing No.KA-25/A-1706, R/o Mangalore. Tq. Yelburga, Dist: Koppal. (By Sri B.Sharanabasava. Adv. for R-1; Sri Ravindra R. Mane. Adv. for R-3; R-2 and R-4 served) Respondents This MFA is filed under Section 173(1) of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.239/2006 on the file of the Addi. MACT and Fast Track Court-I, Koppal, awarding compensation of Rs.35,000/- along with interest at the rate of 6% p.a. from the date of petition till its deposit. IN MFA No.22302/2009: BETWEEN: The Divisional Manager, The National Insurance Company Limited, Divisional Office, Bilgundi Mansion. Station Road, Gulburga, Represented by its Divisional Manager, The National Insurance Comparn Ltd., Sujatha Complex, P.B.Road. Hubli. (By Sri S.K.Kavakamath. Adv.1 Appellant 8 AND:

4. Peersab, S/o Gareebsab Dafedar, Age: 33 years, Ccc: Teacher, R/o Shirur village, Tq. Yelburga, Dist: Koppal. Smt, TMT P.Pushpa, W/o P. Mohan, Age: Major, 0cc: Business & Owner of Truck No.TN-27/P-4367, R/o No.D.No.4-A/27. P.P.Road, Selam-1 (T.N.) United India Insurance Company Ltd., Peramanar Main Road, Salem-6 36006 (In surer of Truck No.TN-27/P-4367, Policy No. 170800/31/0206017 valid 3 1.3.2002 to 30.3.2004) Nagaraj, Sb Rangaswamy Bandi, Age: Major, 0cc: Owner of Maxi Cab Bearing No.KA.-25/A-1706, R/o Mangalore, Tq. Yelburga, Dist: Koppal. (By Sri Ravindra R. Mane, Adv. for R-3) Respondents This MFA is filed under Section 173(1) of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.477/2006 on the file of the Addi. MACT and Fast Track Court-I. Koppal. awarding compensation of Rs.37,800/- along with interest at the rate of 6% p.a. from the date of petition till its deposit. 9 IN MFA No.22304/2009: BETWEEN: The Divisional Manager, The National Insurance Company Limited, Divisional Office, Bilgundi Mansion, Station Road, Gulburga, Represented by its Divisional Manager, The National Insurance Company Ltd., Sujatha Complex, P.B.Road, Hubli. (By Sri S.K.Kayakamath, Adv.) AND: 1.

3. Veeresh, Sb Hanumappa Hubballi, Age: 15 years, 0cc: Student, R/o Sirur village, Minor U/G of his Next friend mother Smt. Mahadevamma, W/o Hanumappa Hubballi, Age: 45 years, 0cc: Household, R/o Sirur, Taluk: Yelburga, Smt. TMT P.Pushpa, W/o P. Mohan, Age: Major, Ccc: Business & Owner of Truck No.TN-27/P-4367, R/o No.D.No.4-A/27, P.P.Road, Selam-1 (T.N.) United India Insurance Company Ltd.. Peramanar Main Road, Salem-636006 (Insurer of Truck No.TN-27/P-4367, Policy No. 170800/31/0206017 valid 31.3.2002 to 30.3.20041 Appellant 10

4. Nagaraj. Sb Rangaswam Bandi, Age: Major, 0cc: Owner of Maxi Cab Bearing No.KA-25/A-1706, R/o Mangalore, Tq. Yelburga, Dist: Koppal. (By Sri B.Sharanabasava, Adv. for R-1; Sri Ravindra R. Mane, Adv. for R-3; R-2 and R-4 served) Respondents This MPA is filed under Section 173(1) of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.479/2006 on the file of the Addi. MACT and Fast Track Court-I, Koppal, awarding compensation of Rs.73,000/- along with interest at the rate of 6% p.a. from the date of petition till its deposit. IN MFA No.22305/2009: BETWEEN: The Divisional Manager, The National Insurance Company Limited, Divisional Office, Bilgundi Mansion, Station Road, Gulburga. Represented by its Divisional Manager, The National Insurance Company Ltd., Sujatha Complex, P.B.Road, Hubli. (Bx Sri S.K.Kavakamath, Adv.) Appellant AND: Prashanth, S/o Basavaraj Rader, Age: 16 years, 0cc: Student, R/o Sirur village, Tq. Yelburga, Minor U/G of his next friend Basanagouda. S/o Linganagouda Somanagoudar. Age: 37 years, 0cc: Agril., R/o Sirur, Tq. Yelburga,

4. Smt. TMT P.Pushpa, W/o P. Mohan, Age: Major, 0cc: Business & Owner of Truck No.TN-27/P-4367, R/o No.D.No.4-A/27, P.P.Road, Selam-1 (T.N.) United India Insurance Company Ltd., Peramanar Main Road, Salem-636006 (Insurer of Truck No.TN-27/P-4367, Policy No. 170800/31/0206017 valid 31.3.2002 to 30.3.2004) Nagaraj, S/o Rangaswamy Bandi, Age: Major, 0cc: Owner of Maxi Cab Bearing No.KA-25/A-l706. R/o Mangalore, Tq. Yelburga, Dist: Koppal. ..Respondents (By Sri B.Sharanabasava, Adv. for R-1; Sri Ravindra R. Mane, Adv, for R-3: R-2 and R-4 served) This MFA is filed under Section 173(1) of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.480/2006 on the file of the Addi. MACT and Fast Track Court-I. Koppal. awarding compensation of Rs.33,000/- along with interest at the rate of 6% p.a. from the date of petition till its deposit. 1,, 1 IN MFA No223O6/2OQ9: BETWEEN: The Divisional Manager, The National Insurance Company Limited, Divisional Office, Bilgundi Mansion, Station Road, Guiburga. Represented by its Divisional Manager, The National Insurance Company Ltd, Sujatha Complex. PB.Road, Hubli. (By Sri S.K.Kavakamath, Adv.) AND: I.

3. Prashanth, Sb Chinnappa Angadi, Age: 16 years, 0cc: Student, R/o Sirur village, Tq. Yelburga, Minor U/G of his next friend-father Chinnappa, S/o Mallikarjunappa Angadi, Age: 45 years, 0cc: Employee in GESCOM (KEB), R/o Sirur. Tq. Yelburga, Dist: Koppal. Smt. TMT P.Pushpa, W/o P. Mohan, Age: Major, 0cc: Business & Owner of Truck No.TN-27/P-4367. R/o No.D.No.4-A/27, RP.Road, Selam-1 (T.N.) United India Insurance Company Ltd.. Peramanar Main Road, Salem-636006 (Insurer of Truck No.TN-27/P-4367, Policy No, Appellant 13 170800/31/0206017 valid 31.3.2002 to 30.3.2004)

4. Nagaraj, S/o Rangaswamy Bandi, Age: Major, 0cc: Owner of Maxi Cab Bearing No.KA-25/A- 1706, R/o Mangalore, Tq. Yelburga, Dist: Koppal. (By Sri B.Sharanabasava, Adv. for R-1; Sri Ravindra R. Mane, Adv. for R-3; R-2 and R-4 served) Respondents This MFA is filed under Section 173(1) of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.481/2006 on the file of the Addi, MACT and Fast Track Court-I, Koppal, awarding compensation of Rs.28,000/- along with interest at the rate of 6% p.a. from the date of petition till its deposit. IN MPA No.22307/2009: BETWEEN: The Divisional Manager, The National Insurance Company Limited, Divisional Office, Bilgundi Mansion, Station Road, Gulburga. Represented by its Divisional Manager, The National Insurance Company Ltd., Sujatha Complex, P.B.Road, Hubli. (By Sri S.K.Kayakamath, Adv.) Appellant 14 AND:

4. Rum, Soumva, D/o Somashekhar Ballolli, Age: 15 years, 0cc: Student, R/o Sirur village, Tq. Yelburga, Minor U/G of his next friend Somashekhar, S/o Fakeerappa Ballolli, Age: 48 years, 0cc: Employee in Syndicate Bank, Br. Kukanoor, R/o Sirur, Tq. Yelburga, Dist: Koppal. Smt. TMT P.Pushpa, W/o P. Mohan, Age: Major, 0cc: Business & Owner of Truck No.TN27/P-4367, R/o No.D.No.4-A/27, P.P.Road, Selam-1 (T.N.) United India Insurance Company Ltd., Peramanar Main Road, Salem-636006 (Insurer of Truck No.TN-27/P-4367, Policy No. 170800/31/0206017 valid 31.3.2002 to 30.3.2004) Nagaraj, S/o Rangaswamy Bandi, Age: Major, 0cc: Owner of Maxi Cab Bearing No.KA-25/A-1706, R/o Mangalore, Tq. Yelburga, Dist: Koppal. (By Sri B,Sharanabasava, Adv. for R-1; Sri Ravindra R. Mane, Adv. for R-3; R-2 and R-4 served) .Respondents This MFA is filed under Section 173(1) of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.485/2006 on the file of the Addl. MACT and Fast 15 Track Court-I, Koppat, awarding compensation of Rs.70,000/- along with interest at the rate of 6% p.a. from the date of petition till its deposit. IN MFA No.22308/2009: BETWEEN: The Divisional Manager, The National Insurance Company Limited, Divisional Office, Bilgundi Mansion, Station Road, Gulburga, Represented by its Divisional Manager, The National Insurance Company Ltd., Sujatha Complex, P.B.Road, Hubli. (By Sri S.K.Kayakamath, Adv.) AND:

1. Manjunath, S/o Sureshgouda Halakeri, Age: 15 years, 0cc: Student, R/o Sirur village, Tq. Yelburga, Minor U/G of his next friend-father Sureshgouda, S/o Basanagouda Halakeri, Age: 48 years, 0cc: Agril and business, R/o Sirur, Tq. Yelburga, Dist: Koppal.

2. Smt. TMT P.Pushpa, W/o P. Mohan, Age: Major, 0cc: Business & Owner of Truck No.TN-27/P-4367, R/o No.D.No.4-A/27, P.P.Road, Selam-l (T.N.) Appellant 16 0

4. United India Insurance Company Ltd., Peramanar Main Road, Salem-636006 (Insurer of Track No.TN-27/P-4367, Policy No. 170800/31/02060 17 valid 3 1.3.2002 to 30.3.2004) Nagaraj, Sb Rangaswamy Bandi, Age: Major, 0cc: Owner of Maxi Cab Bearing No.KA-25/A- 1706, RIo Mangalore, Tq. Yelburga, Dist: Koppal. (By Sri B.Sharanabasava, Adv. for R-1; Sri Ravindra R. Mane, Adv. for R-3; R-2 and R-4 served) Respondents This MFA is filed under Section 173(1) of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.486/2006 on the file of the Addl. MACI and Fast Track Court-I, Koppal, awarding compensation of Rs.45,000/- along with interest at the rate of 6% p.a. from the date of petition fill its deposit. IN MFA No.22344/2009: BETWEEN: The Divisional Manager, The National Insurance Company Limited, Divisional Office, Bilgundi Mansion, Station Road, Gulburga, Represented by its Divisional Manager, The National Insurance Company Ltd;, Sujatha Complex, P.B.Road, Hubli. (By Sri S.K.Kayakamath, Adv.) Appellant 17 AND:

4. Kum. Savitri, D/o Irappa Bangari, Age: 15 years, 0cc: Student, R/o Sirur village, Tq. Yelburga, Minor U/G of her next friend-father Irappa, S/o Bheemappa Bangari, Age: 39 years, 0cc: Coolie, R/o Sirur, Tq. Yelburga, Srnt. TMT P.Pushpa, W/o P. Mohan, Age: Major, 0cc: Business & Owner of Truck No.TN-27/P-4367, R/o No.D.No.4-A/27, P.P.Road, Selam-1 (T.N.) United India Insurance Company Ltd., Peramanar Main Road, Salem-636006 (Insurer of Truck No.TN-27/P-4367, Policy No, 170800/31/0206017 valid 3 1.3.2002 to 30.3.2004) Nagaraj, S/o Rangaswamy Bandi, Age: Major, 0cc: Owner of Maxi Cab Bearing No.KA-25/A-1706, R/o Mangalore, Tq. Yelburga, Dist: Koppal. (By Sri B,Sharanabasava, Adv. for R-1; Sri Ravindra R. Mane, Adv. for R-3; R-2 and R-4 served) Respondents This MFA is filed under Section 173(1) of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.482/2006 on the file of the Addi. MACT and Fast 18 4’ Track Court-I, Koppal, awarding compensation of Rs.45,000/- along with interest at the rate of 6% p.a. from the date of petition till its deposit. IN MFA No.22362/2009: BETWEEN: The Divisional Manager, The National Insurance Company Limited, Divisional Office, Bilgundi Mansion, Station Road, Qulburga, Represented by its Divisional Manager, The National Insurance Company Ltd., Sujatha Complex, P.B.Road, Hubli. (By Sri S.K.Kayakamath, Adv.) Appellant AND:

1. Kum. Shniti, D/o Virupakshagouda Hiregoudar, Age: 15 years, 0cc: Student, R/o Sirur village, Tq. Yelburga, Minor U/O of his next friend-father Virupakshagouda, S/o Mudakanagouda Hiregoudar, Age: 36 years, 0cc: Agril., R/o Sirur, Tq. Yelburga, Dist: Koppal.

2. Smt. TMT P.Pushpa, W/o P. Mohan, Age: Major, 0cc: Business & Owner of Truck No.TN-27/P-4367, R/o No.D.No.4-A/27, P.P.Road, Selam-1 (T.N.) 19

4. United India Insurance company Ltd., Peramanar Main Road, Salem-636006 (Insurer of Truck No.TN-27/P-4367, Policy No. 170800/31/0206017 valid 31.3,2003 to 30.3.2004) Nagaraj, S/o Rangaswamy Bandi, Age: Major, 0cc: Owner of Maxi Cab Bearing No.KA-25/A-1706, R/o Mangalore, Tq. Yelburga, Dist: Koppal. (By Sri B,Sharanabasava, Adv. for R-1; Sri Ravindra R. Mane, Adv. for R-3; R-2 and R-4 served) Respondents This MFA is filed under Section 173(1) of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.483/2006 on the file of the Addi. MACT and Fast Track Court—I. Koppal, awarding compensation of Rs.45,000/- along with interest at the rate of 6% p.a. from the date of petition till its deposit. IN MFA No.22363/2009: BETWEEN: The Divisional Manager, The National Insurance Company Limited, Divisional Office, Bilgundi Mansion, Station Road, Gulburga, Represented by its Divisional Manager, The National Insurance Company Ltd., Sujatha Complex, P.B.Road, Hubli. (By Sri S.K.Kavakamath, Adv.) Appellant 20 AND:

4. Devendrappa, S/o Shekharappa 1adinoor, Age: 15 years, 0cc: Student, R/o Sirur village, Tq. Yelburga, Minor U/G of his next friend— Father/mother Smt. Gangamma, W/o Shekarappa Madinoor, Age: 40 years, 0cc: Household, R/o Sirur, Tq. Yelburga, Dist: Koppal. Smt. TMT RPushpa, W/o P. Mohan, Age: Major, 0cc: Business & Owner of Truck No.TN-27/P-4367, R/o No.D.No.4-A/27, P.P.Road, Selam-1 (T.N.) United India Insurance Company Ltd., Peramanar Main Road, Salem-636006 (Insurer of Truck No.TN-27/P--4367, Policy No. 170800/31/02/06017 valid 31.3.2002 to 30.3.2004) Nagaraj, S/o Rangaswamy Bandi, Age: Major, 0cc: Owner of Maxi Cab Bearing No.KA-25/A-1706, R/o Mangalore, Tq. Yelburga, Dist: Koppal. (By Sri B.Sharanabasava, Adv. for R-1; R-2 to R-4 served) Respondents This MFA is filed under Section 173(1) of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.484/2006 on the file of the Addl. MACT and Fast 21 Track Court-I, Koppal, awarding compensation of Rs.22,000/- along with interest at the rate of 6% p.a. from the date of petition till its deposit. IN MFA No.22299/2009: BETWEEN: The Divisional Manager, The National Insurance Company Limited. Divisional Office, Bilgundi Mansion, Station Road, Gulburga, Represented by its Divisional Manager, The National Insurance Company Ltd., Sujatha Complex, P.B.Road, Hubli. (By Sri S.K.Kavakamath, Adv.) AND:

3. Riyana, D/o Khajesab Angadi, Age: 16 years, 0cc: Student, Minor U/G of his natural father Khajesab, S/o Akbarsab Angadi, Age: 46 years, 0cc: Agril., R/o Shirur, Tq. Yelburga, Dist: Koppal. Smt. TMT P.Pushpa, W/o P. Mohan, Age: Major, 0cc: Business & Owner of Truck No.TN-27/P-4367, R/o No.D.No.4-A/27, P.P.Road, Selam-1 (T.N.) United India Insurance Company Ltd., Peramanar Main Road, Appellant 22 0 Salem-636006 (Insurer of Truck No.TN-27/P-4367, Policy No. 170800/3 1 /02060 17 valid 31.3.2002 to 30.3.2004)

4. Nagaraj, S/o Rangaswamy Bandi, Age: Major, 0cc: Owner of Mat Cab Bearing No.KA-25/A-1706, R/o Mangalore, Tq. Yelburga, Dist: Koppal. (By Sri B.Sharanabasava, Adv. for R-1; Sri Ravindra R. Mane, Adv. for R-3; R-2 and R-4 served) .Respondents This MFA is ified under Section 173(1) of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.237/2006 on the file of the Addl. MACT and Fast Track Court-I, Koppal, awarding compensation of Rs.45,000/- along with interest at the rate of 6% p.a. from the date of petition till its deposit. iN MFA No.22309/2009: BETWEEN: The Divisional Manager, The National Insurance Company Limited, Divisional Office, Bilgundi Mansion, Station Road, Gulburga, Represented by its Divisional Manager, The National Insurance Company Ltd., Sujatha Complex, P.B.Road, Hubli. (By Sri S.K.Kayakamath, Adv.) Appellant 23 AND:

4. Basavaraj Satyappa Chalawadi, Age: 41 years, 0cc: Teacher, RIo Sirur, Taluk. Yelburga, Dist: Koppal. Smt. TMT P.Pushpa, W/o P. Mohan, Age: Major, 0cc: Business & Owner of Truck No.TN-27/P-4367, R/o No.D.No.4-A/27, P.P.Road, Selam-1 fF.N.) United India Insurance Company Ltd., Peramanar Main Road, Salem-636006 (Insurer of Truck No.TN-27/P-4367, Policy No. 170800/31/0206017 valid 31.3.2002 to 30.3.2004) Nagaraj, Sb Rangaswamy Bandi, Age: Major, 0cc: Owner of Maxi Cab Bearing No.KA-25/A- 1706, R/o Mangalore, Tq. Yelburga, Dist: Koppal. (By Sri B. Sharanabasava, Adv. for R- 1) Sri Ravindra R. Mane, Adv. for R-3) .Respondents This MFA is filed under Section 173(1) of the MV Act, against the judgment and order dated 04.02.2009 passed in MVC No.487/2006 on the file of the Addl. MACF and Fast Track Court-I, Koppal, awarding compensation of Rs.65,185/- along with interest at the rate of 6% p.a. from the date of petition till its deposit. 24 These MFAs coming on for orders, this day, the Court delivered the following: JUDGMENT All these appeals are by the insurer questioning the liability in MVC Nos.478/2006 and connected matters disposed of on 04.02.2009 on the file of the MACT, Koppal.

2. The claimants were travelling in a maxi cab bearing registration No.KA-25/A-4706. On account of rash and negligent driving of the lorry bearing No. TN-27/P-4367 which came from opposite and dashed against the maxi cab, claimants sustained injuries. Several claim petitions were filed before the Tribunal. The Tribunal b common judgment and award, has allowed the claim petitions and awarded compensation.

3. Before the Tribunal, contention was raised that maxi cab had a permit to carry only 12 passengers, however, the cab was carrying 50 passengers and as such there is clear violation of the terms and conditions of the insurance policy. 25 In view of the same, insurer contended that he is not liable to indemnify the liability. It is also contended that the driver of the maxi cab had no valid licence to drive the vehicle in question.

4. The Tribunal, considering these objections, held insurer liable to pay compensation. It is against this finding, these appeals are filed. The Tribunal, considering these things and also considering the negligence, has fixed 50% liability on each of the vehicle.

5. Having regard to the first contention that the maxi cab was carrying passengers beyond the permitted limit, similar circumstances, the Apex Court in a judgment reported in ACJ 2011 Sc 917 in the matter of United India Insurance Company Limited vs. K.M.Poonam and others has observed that ‘in a public transport vehicle carrying passengers more than the permitted limit, liability of the insurance company to pay compensation is not limited to the passengers permitted to travel in the vehicle, but also it is 26 liable to pay compensation in respect of excess passengers travelling in the vehicle. However, insurer can recover the amount for the remaining excess passengers from the owner.

6. Having regard to the decision of the Apex Court and having regard to the fact that the passengers and third party, they cannot be expected to go against the owner. In these circumstances, I find no merit in the contentions urged by the learned counsel for the appellant/insurer.

7. As regard to the second contention is concerned, though such vague contention is raised, no effort is made to show that the licence was expired and no material is placed on record. Hence, I fmd no merit to consider the said contention. In the result, appeal fails and stands dismissed. However, it is made clear that in view of the Supreme Court decision, it is open to the insurer to recover the amount.

8. In view of the dismissal of the appeals, Misc. Cvi. Nos. 104973, 104963, 104967, 104969, 104971, 104976, 104978, S i 27 104980, 104982, 104984, 105110, 105132, 105134, 104965 and 104986/2009 stands dismissed. Also, taking steps is dispensed with.

8. The amount in deposit in all the above appeals is ordered to be transferred to the Tribunal. Sd! JUDGE