IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD Dated this the 7 day of December 2011 THE HONBLE MRJUST!CE HNNAGAMOHAN DAS MceIianeous FirApea I No 20155/2008 (MV) BETWEEN: Lakharnichand Dungaraji Choudhari, Age: Major, 0cc: Business, RIo Ganapat Galli Harudhari Tal: Raihag, Dist: Belgaum. AND: I SrLSameersingh Tejsingh Bha5a, aged a bout 28 years, 0cc: Furniture work., Rio: R.achappagol Building, Ganpat Galli, Harugeri, Tal: Raibag, Dist: Belgaurr 2. The Divisional Manager, National Insurance Co. Ltd., Ramadev Galli, Belgaum. (By Sri, H.M.Dharigond, Advocate for RI Sri axman B Mannoddar docaM mr R2 :2: This miscellaneous first appeal is tiled under Section 173(1) of the Motor Vehicles Act against the judgment and award dated 07.05.2008 passed in M.V.C. No.890/2007 on the file of the Ill Additional Civil Judge (Sr.Dn.) & Additional Motor Accident Claims Tribunal, Belgaum, awarding a compensation of Z2,30,000/- with interest © 6% p.a. from the date of petition till realisation. This appeal coming on for admission this day, the Court delivered the following: JUDGMENT This appeal is directed against the judgment and award dated 7 th May 2008 in M.V.C No.890/2007 passed by Motor Accident Claims Tribunal at Belgaum. 2. The main grievance of the appellant is that the Tribunal fastened the liability on the owner of the vehicle instead of the insurance company on the ground that it is a package policy. In identical circumstances, a Division Bench Of this Court in New India Assurance Co. Ltd. Vs S.Rama Murthy and others in M.F.A. No.2130/2007, vide judgment dated 18 th September 2007, has held that the insurance company is liable to pay compensation in respect of a r .3 package policy. In view of this dictum of the division bench, the insurance company is liable to pay compensation in the present case. Accordingly. the following order: ORDER (i) The appeal is hereby partly allowed. (ii) The impugned judgment and award dated 07.05.2008 in MVC No.89012007 passed by Motor Accident Claims Tribunal, Belgaum, is hereby modified directing respondent No.2-Insurance company to pay compensation as awarded by the Tribunal instead of the appellant. (iii) Ordered accordingly. (iv) Appellant is permitted to withdraw the amount in deposit. Sd! JUDGE Kms