JUDGMENT :

K.N. PHANEENDRA, J.

This Special Full Bench is constituted by the Order of Hon’ble the Chief Justice dated 01.07.2015 to decide an important question of law raised by the learned Single Judge in MFA No.30131/2010.

2. At the outset, it is necessary to extract the order of reference dated 18.04.2013 as under:

“Dr.JRJ:18.04.2013

MFA NO.30131/2010 (MV)

ORDER

1. The Insurer of offending vehicle involved in motor vehicle accident occurred on 24.04.2006 is in appeal, questioning the direction of the Tribunal to discharge the award in favour of the respondents and to recover it from the insured – owner of the vehicle.

2. From what the learned counsel on both sides have adverted to, it is seen from the records, occurrence of accident on 24.04.2006 at 11.00 AM involving tempo 407 bearing Reg.No.KA-28/B-5434 and consequent injuries to the occupants of the vehicle and validity of the insurance covered, provided by the Appellant in respect of that vehicle to indemnify the owner of it, is not in dispute.

3. The finding of the Tribunal that accident was result of negligent driving of that vehicle has also reached finality as the same is not questioned by the insurer or the driver of the insured