1

IN THE HIGH COURT OF , DHARWAD BENCH

DATED THIS THE 26 TH DAY OF NOVEMBER 2013

BEFORE

THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY

MFA No.23304/2010 (MV)

BETWEEN:

THE DIVISIONAL CONTROLLER, NEKSRTC , BY ITS REPRESENTATIVE CHIEF LAW OFFICER, NEKRTC CENTRAL OFFICE, SAREGE SADAN, GULBARGA. … APPELLANT (BY SRI.C. B. PATIL, ADV.)

AND:

1. SMT.MARIYAMMA W/O GOOLAPPA, AGE: 50 YEARS, OCC: HINDU AGRI., R/O BADANAHATTI VILLAGE, .

2. K.DYAVANNA S/O BASANNA, AGE: 39 YEARS, HINDU, DRIVER OF THE BUS BEARING No.KA34/3755, R/O VILLAGE, BELLARY TALUK.

3. N.DAWOOD BASHA S/O N. BASHA, M.B.OIL CENTRE PETROL PUMP OWNER OF BUS NO.KA-34/3755, R/O BELLARY.

4. THE MANAGER, NEW INSURANCE CO.LTD., EDIGA COMPLEX, BELLARY. … RESPONDENTS 2

(BY SRI.T.HANUMAREDDY, ADV. FOR R1, SRI.V.R.DATAR, ADV. FOR R4, R2 SERVED, R3 NOTICE DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.09.2009 PASSED IN MVC NO.118/2006 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT AND MEMBER, MACT, BELLARY, AWARDING THE COMPENSATION OF RS.42,050/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Appeal by the Corporation challenging the judgment and award passed by the MACT, Bellary in MVC No.118/2006 on the ground of liability.

2. The case involved in this appeal is fastening the liability on the Corporation, in the case where vehicle was hired by a private person.

3. The subject matter is covered by the decision of the

Hon’ble Supreme Court in the case of Uttar Pradesh State Road

Transport Corporation Vs. Kulsum and Others reported in (2011) 8

Supreme Court Cases 142, wherein it has been held that the insurance company is liable to pay the compensation. 3

4. Accordingly, the appeal is allowed. The liability is fastened on the insurance company. The amount deposited if any, by the corporation be refunded.

SD/- JUDGE

MBS/-