IN THE HIGH COURT 0? KARNATAKA,
DATED THIS THE 19TH my 2302* x
BEFORE " T
THE HONBLE MR. J1T:$TI>CE.SE=IBH,§XSH' E§MAI§I
M.F.J.A_ NO,??.?.}f_2_dO6_{MV1
BETWEEN % L %%
United India 2 ' A' '
Chittzlmagaiuff B1;%:it1£:h Managfir, jf , "" 'V
'_
I{.M.g0rad, ~
Through; ~. _ K :51:
United India I}}Su;£'éL'1C€« Ltd.,
Shankarafgtana B't1:i.1di;t;g,'"'--- '
M.(}.Road, B.anga;.Ic2re4--.$66' O0 1.
..... .. 4 :APPELLANT
' Advocate.)
. , , ' Sm1:.'I'.Rathnam:ma,
. . . _ SEA 3*::ars;'W/o M.S.Gopa1,
"R;'o_Ai_:che1inganna Street,
__é[«~__Bé.s.s$ivar1I1aI1i, Chikmaglur,
RESPONDENT
% ” ” (By Sri.P.P.Hegde, Advocate)
This MFA is filed under Section 173(k) of MV Act
against the judgment and award dated 12-9-2005 passed in
MVC 356/1999 on the file of the Civil Judge,~T'{f5r.Dn) 85
CJM , Member, MACT, Oluickmagalur, .. ‘ .fia_we1*ding
compensation of Rs.51,500/- with interest atl..the {fate efé6%
BA. from the date of ptitifien till deposit. ‘ .. ~
This appeal coming on for _heaIm__’ gj
delivered the fellowirigi 1 ‘ ~ ‘7 ‘
mm~W.Gmhe
This appeal is by the
the judgment and passed in
MVC.356/ 1999 on the file
The’ that she suffereé grievous
injury onVVV’aeeet.1V1lt_of.vfaeh and negligent driving of the van
°i8–.,l.43l5 and sought for compensation of
In support of her case she got herself
e§§a._fi1ine_£l’.V’Vé§e..9’P.W.1 and produced Exs.P.1 to P. 10. The
lcovnsidering the evidence held that the clalrnam is
l 5.’ for cempensafion of Rs.5 1,500/-.
3.’l’he learned counsel for the appellant submitted that
l 3 the claimant herself is the owner of the vehicle which met
,%:;:i
with the accicieni; and appellant is the fsaid
vehicle. In case of owner of the yeiiicleg’ tlriei
liable to satisfy the claim of the i
would be only against ooyfile
insured himself. It is was taken
in paragraph 4 herself is the
reg’s1:ered owner of the “I”I.1S11I’aI1C€ policy is
issued in does not cover
risk . and as such this
respoxideot’ my any compensation to the
petitioner? $iia’?ced.’::_’that,despite a specific defence, the
_ A’ basil’ “11ot_ ____ H given any finding. The tribunal
the compensation.
.1’ixis11I’er is liable to pay compensation to the
individuais on behalf of the insured. If the injured himself is
A :.«’t?(i:e*»«i1.:’1isured, there is no liability fixed on the insurer to
= .soiist’3z the claim of the insured. This aspect of the matter is
A i ” V well settled. Since the owner of the vehicle being the
claimant, she being the insured, in my opinion, the claim
petition by the insured against the i_1_’.17s.’1.::.’rz: 1f.’.._L: “not
maintainable unless it is specially covereri-»
MFA is allowed and the order p}ass¢f3d I
set aside. The amount in depgsit
to the appellant.
Saf-
Judge