AND

AWARD

DATED15.10.2013 PASSED IN MVC NO.135/2012 ON THE

FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MACT-X,

TUMKUR,

AWARDING

COMPENSATION

OF

RS.1,72,750/- WITH INTEREST AT 6% P.A. FROM THE

DATE

OF

PETITION

TILL

REALIZATION.

THIS M.F.A. COMING ON FOR ADMISSION THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

J U D G M E N T

The appeal is preferred by M/s United India

Insurance Company Limited challenging the judgment

and

award

dated

15.10.2013

passed

in

MVC.No.135/2012 by the Prl. Senior Civil Judge and

MACT-X, Tumkur, insofar as fixing 50% of negligence

on the appellant-Insurance Company.

4

2.

Brief facts:

The deceased –Chikkanna being the driver of

lorry bearing No.KA-51/1769 was driving the said

lorry belonging to respondent No.1 herein on NH-4

i.e., public road which runs between Tumkur and Sira

on 11.05.2011 and while so driving, at the place

called Ajjagondanahalli Circle of Kora Hobli Tumkur

Taluk at about 5.30 pm., the said lorry met with an

accident as the same had collided with another lorry

bearing No.TN-02-AL-0507 which was parked on the

public road, that as a result of the said collusion

involving the above said two lorries, the said

Chikkanna being the driver of the lorry which collided

with the stationery lorry at its back sustained severe

and grievous injuries and he succumbed to the same

on the way to the hospital.

3.

The claimants being the legal dependents

of the deceased filed claim petition before the Tribunal

5

under Section 163-A of MV Act. The Tribunal has

allowed the appeal in part and awarded compensation

of Rs.3,36,000/- with interest at 6% per annum from

the date of petition till realization.

4.

Learned counsel for the appellant is the

insurer of the lorry bearing Reg.No.TN-02-AL-0507,

which was parked on the road, but the deceased while

driving the lorry bearing No.KA-51/1769 dashed the

above stated lorry from behind and due to the said

accident, the deceased Chikkanna who was driving the

lorry bearing No.KA-51/1769 died on the spot.

Therefore, the legal dependents of the deceased

Chikkanna filed the claim petition under Section 163-A

of the MV Act for seeking compensation. The Tribunal

has awarded compensation of Rs.3,36,000/- with

interest at 6% per annum from the date of petition till

realization by fixing the liability on the appellant -

Insurance Company and respondent No.6-Insurance

Company to the extent of 50:50 ratio. Therefore, the

6

Tribunal had fixed the liability equally on the Insurer

of both the lorries at the ratio of 50:50.

5.

Learned

counsel

for

the

appellant-

Insurance Company submitted that fixing of liability to

the extent of 50% on the appellant –Insurance

Company is not correct, since the deceased while

driving the lorry bearing No.KA-51/1769 had dashed

the lorry bearing Reg.No.TN-02-AL-0507 from behind.

Therefore,

the

deceased

himself

was

100%

responsible for the accident. Further submitted that

the charge sheet is filed as against the deceased -

Chikkanna. Therefore, submitted that the driver of the

lorry bearing Reg.No.TN-02-AL-0507 was not at all

fault. Therefore, prays for exoneration of 50% of

liability fixed on the appellant-Insurance Company.

6.

During the course of argument, it is

brought to the notice of this Court that respondent

7

No.6-Insurance

Company

has

preferred

MFA.No.3187/2014 before this Court challenging the

liability fixed on respondent No.6-Insurer and the

same came to be disposed of on 31.03.2016 by

confirming the judgment and award passed by the

Tribunal. Therefore, this Court in the above stated

appeal has confirmed the liability fixed on the

Insurance Companies in the ratio of 50:50. Once this

Court confirms fixing of liability on both the Insurer,

the same cannot be challenged by another Insurance

Company. On this ground, the appeal is liable to be

dismissed.

7.

In the present case, the claim petition is

filed under Section 163–A of the MV Act. Therefore,

when the claim petition is filed under Section 163–A of

the MV Act, the aspect of rashness and ne