JUDGMENT :

This appeal is filed by the Insurance Company challenging the Judgment and Award dated 14.03.2012 passed in MVC No.1001/2008, on the file of the Addl. Senior Civil Judge and MACT-XI at Tumkur, on the ground that the liability of the Insurance Company is only Rs.6,000/- towards damage caused to the property of third party.

2. Brief facts:

When the bus bearing Registration No.KA-06-F-0135 was plying from Sira to Soregunte, on 19.12.2006 at 10.00., near Managi gate, the driver of the bus stopped the bus at the bus stop. A lorry bearing Registration No.TN-24-A-7569 came from behind in a rash and negligent manner and dashed the bus, as a result, the rear left side of the bus was completely damaged. The owner of the bus was earning Rs.4,000/- per day by plying the bus. As a result of the damage, the bus was idle for four days in the workshop, resulting in loss of revenue of Rs.16,000/-. Further, repair costs was about Rs.12,105. Hence, it is submitted that there is total loss of Rs.28,105/- and prayed for compensation of Rs.28,105/-.

Respondent No.1 is the owner and Respondent No.2 is the Insurance Company. The policy is a package policy. Hence, the Tribunal held that the Responde