AI Structured Summary
Not yet generated for this judgment
Judgment
These appeals are filed by United India Insurance Company challenging the judgment and award dated 12.04.2010 made in MVC Nos.1271/2005 & 1272/2005 passed by MACT, Mandya fastening the liability on them to compensate the claimant to an extent of 20 %.
The respondent No.1 in each of the appeal filed a claim petition seeking compensation for the injury as sustained in the road traffic accident on 25.03.2005 due to the accident between Maruti Omni Van bearing registration No.KA.05/M-2821 and lorry bearing registration No. KA.01/A-2464. The tribunal, after trial held that due to the road traffic accident the claimants have sustained injuries and awarded compensation of Rs.12,000/- each with interest at 8% per annum.
With regard to liability is concerned, 20% of liability was fastened on the appellant herein and remaining 80% liability was fastened on the National Insurance Company i.e., insurer of the lorry. The insurer of the lorry has already satisfied their part of the liability. Being aggrieved by the said judgment and award, the insurer of the Maruthi van have filed this appeal mainly contending that, fastening liability to an extent of 20% on them is contrary to law and the policy issued in respect of Maruthi Van does not cover the risk of occupants of Van and the policy is Act policy liability only. Hence, sought for setting aside that portion of judgment and award passed by the tribunal.
I have carefully perused the arguments addressed by the advocates appearing for both the parties. Perused the judgment and award and oral documentary evidence.
Under Section 173 (2) of the Motor Vehicles Act contemplates that "No appeal shall lie against any award of a Claim Tribunal if the amount in dispute in the appeal is less than Rs.10,000/".
In the instant case total compensation awarded by the tribunal is Rs.12,000/- out of that, the liability of the National Insurance Company is 80% and the appellant Insurance company has to compensate to an extent of 20% which comes about Rs.2,400/-in each case. Hence, the disputed amount involved in this appeal is less than Rs.10,000/-. Insurance company cannot maintain this appeal, in view of the provision under Section 173 (2) of the Motor Vehicles Act . Hence, both the appeals are dismissed as not maintainable. The amount in deposit is directed to be transferred to MACT, Mandya.
This order will not come in the way of the appellant to challenge the judgment and award, if the amount involved is more than Rs.10,000/-.
Sri. A.M. Venkatesh, is permitted to file vakalath, within a period of four weeks.