JUDGMENT

Suraj Govindaraj, J. - MFA No.24941/2011

1. The appellant-Insurance Company is in appeal aggrieved by the judgment and award dated 12th July 2011, passed by the Senior Civil Judge and MACT at Gangavathi (for short "the Tribunal"), in MVC No213/2010.

2. The Tribunal by way the said judgment had awarded compensation of Rs.4,17,500/- with interest at the rate of 6% p.a. and also directed respondent No.2 Insurance Company to make payment of the said amount on a petition filed under Section 163-A of M.V. Act, 1988.

3. The Insurance Company is on appeal contending that the claimants in the said MVC was a driver of the vehicle and in terms of Section 163-A of M.V. Act, the driver, owner and insured of the vehicle cannot claim benefit under Section 163-A of M.V. Act, since the Insurance Company is not liable to indemnify the said owner for his own negligence. In this regard, Shri A.G. Jadhav, learned counsel placed reliance on the decision rendered by the Division Bench in the case of Ramkhiladi and another vs. United India Insurance Company and another, (2020) 2 SCC 550 , rendered on 07.01.2020.

4. Per contra, Shri N.L. Batakurki, learned counsel for the claimants would rely on th