IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA I)ATED THIS THE 14TH DAY OF DECEMBER2011 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR M.F.A. NO.30018/2010 (viv) BETWEEN: NEW INDIA ASSURANCE COMPANY LIMITED, FLA NO.203, ROCKY APARTMENTS NEW INDIA ASSURANCE CO. LTD., SHAIKH VILLAGE, HYDERABAD APPELLANT (BY SRI R.V. NADAGOUDA, ADV.) AND 1. YELLAMMA W/0. EARANNA, AGE: 34 YEARS, 0CC: LABOUR, RIO. JANEKAL, TQ. MANVI, DIST. RAICHUR 2. FAKEERSAB S/O. BORSAB AGE: MAJOR. 0CC: DRIVER OF BUS NO.KA-36/3 132 R/O. NAGADADINNI, TQ. DEODURGA, DIST. RAICHUR. 3. SAl VAIBHAV TRANSPORT THROUGH ITS PROPRIETOR, OWNER OF BUS NO. KA-36/3 132, R/0. GUNJ ROAD, RAICHUR. 4. THE DIVISIONAL CONTROLLER. NEKRTC. RAICHUR DIVISION RAICHUR. .RESPONDENTS (BY SRI S.G. MATH, ADV., FOR Ri AND SRI SHIVASHANKAR H. MANUR, ADV., FOR R4) (R2 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DT: 2 1.08.2009 IN MVC NO.606/2007 ON THE FILE OF THE MACT AND FAST TRACK COURT-I AT RAICHUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND AWARDING AMOUNT OF Rs.42,087 I- WITH 6% P.A. THIS APPEAL COMING ON FOR ORDERS. THIS DAY, THE COURT DELIVERED THE FOLLOWING JUDGMENT This appeal is by the Insurance company questioning the correctness and legality of the judgment and award dated 21.08.2009 passed in MVC.No.606/2007 on the file of MACT and Fast Track-I Raichur, whereunder claim petition was allowed in part and liability is fastened on the appellant. 3 2. Heard Sri. R. V. Nadagouda learned counsel for the appellant, Sri. S. G. Math learned counsel for Respondent No. 1 and Sri. Shivashankar H. Manur learned counsel for Respondent No.4. Respondent No.2 is served and un-represented. Since no liability is fixed on Respondent No.3 who is owner of the offending vehicle, notice is not issued. Perused the judgment and award passed by the Tribunal. 3. Though the matter is listed for orders same is taken up for final disposal since it is submitted by the learned advocates appearing for parties that issue involved in this appeal is no more res-integra and same is covered by the judgment of Hon’ble Apex Court in the case of Uttar Pradesh State Road Transport Corporation Vs. Kulsum and others reported in 2O118SCC 142. 4. In this appeal issue relates to the liability fastened on the Insurance company. It has been held 4 by the tribunal by taking into consideration the agreement of contract between owner of the Bus and Corporation that would be the liability of the Bus owner to discharge the claim arising out of the road accidents and as such the liability has been fastened on the Insurance Company. Admittedly, vehicle in question was insured and the Insurance Policy was in force as on the date of the accident. The Hon’ble Supreme Court in Kulsum’s case referred to supra at Paragraph 45 has held as under: 45. “Thus, looking to the matter from every angle, we are of the considered opinion that Insurance Company cannot escape its liability of payment of compensation to Third Parties or claimants. Admittedly. owner of the vehicle has not violated any of the terms and conditions of the policy or provisions of the Act. The owner had taken the insurance so as to meet such type of liability which may arise on account of use of the vehicle.” 5. In fact, Division Bench of this Court in MFA.No.8444/2007 and other connected matters disposed of on 21.09.2010 has held that liability to pay compensation is on the Insurance company and it cannot he absolved of its liability. The principles laid down therein is squarely applicable to the facts on hand. 6. In view of the law laid down by the Apex Court as well as this Court in the judgments referred to supra, I am of the considered view that present appeal deserves to be dismissed by confirming the judgment and award passed by the Tribunal. Hence, following order is passed: ORDER 1. Appeal is dismissed. 2. Judgment and award passed by the Tribunal is affirmed. 3. Registry to draw the award accordingly. 6 4. Amount in deposit before this Court is ordered to he transmitted to the Jurisdictional Tribunal for being disbursed to claimants in accordance with the judgment and award of the Tribunal. 5. Insurance company is hereby directed to deposit the balance award amount with interest upto date before the Jurisdictional Tribunal within an outer limit of six weeks from the date of receipt of certified copy of this order. Sd! JUDGE Srt