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2022 Supreme(Kar) 371

N.S.SANJAY GOWDA
Shivanna, S/o. Nandappa – Appellant
Versus
Muniyappa, S/o. Late Muniswamy – Respondent


Advocates Appeared:
For the Appellant : Ms. Sunanda Sarkar For Sri. Deepak J.
For the Respondents: Sri. K.T. Gurudeva Prasad, Sri. R. Jaiprakash.

JUDGMENT :

1. MFA No.3275/2013 is filed by the claimant seeking for enhancement.

2. MFA No.6334/2014 is by the owner, challenging the exoneration of the liability of the Insurer.

3. The fact that an accident had occurred on 20.05.2011 when the claimant was riding his motor cycle and the offending lorry collided with the motor cycle, is not in dispute.

4. The Tribunal, initially, awarded a compensation of Rs.8,44,356/- and made the Insurance Company liable. However, the Insurance Company sought for the review of the said order in RP No.16/2013 and the Tribunal reviewed its earlier order and recalled its finding fastening the liability on the Insurer. The Tribunal thereafter proceeded to pass an order fastening the entire liability on the owner, on the ground that the vehicle in question was a petrol tanker and the driver of the said petrol tanker did not possess the requisite Endorsement to drive the petrol tanker.

5. As could be seen from the contentions advanced by the Insurer in the Review Petition, the basic contention was that there was a breach of the policy conditions, in as m

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