Judgment:
(Prayer: This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 13.11.2009 passed in MVC No.5059/2008 on the file of member, MACT, and XI Additional Judge, court of small causes, Bangalore party allowing the claim petition for compensation and seeking Enhancement of Compensation.)
1. Claimant in MVC No.5059/2008 on the file of the Member, MACT and XI Additional Judge, Court of Small Causes, Bangalore has came up in this appeal seeking enhancement of compensation awarded therein and also challenging the finding of the Tribunal so far as in fixing the liability to pay the compensation on second respondent-owner of offending bus.
2. In this appeal, the accident which is said to have taken place on 31.05.2008 involving the bus bearing registration No.KA-01/B-7598 is not in dispute. It is also not in dispute that the said bus is owned by the second respondent and insured with the first respondent before this Court. It is further not in dispute that the appellant herein who is claimant before the Tribunal has suffered minor injuries in the aforesaid accident. Hence, while considering the claim petition filed by him, the Tribunal has awarded compensation of Rs.20,000/- with interest, which on the facts of the case appears to be on liberal side. Therefore, the question of considering enhancement does not arise in this appeal.
3. However, it is seen that while fixing the liability to pay the compensation, the Tribunal has held that the second respondent-owner of the offending bus should pay the compensation for the reasons that the claimant is additional driver travelling in the said bus at the time of the accident, therefore, he is not entitled to seek compensation for the injuries suffered in the accident.
4. On going through the judgment impugned in this appeal, it is seen that there is prima facie error on the part of the Tribunal in not appreciating the evidence available on record. Ex.R1-Copy of the Insurance Policy available on record clearly discloses that the offending bus is covered by the insurance policy issued by the first respondent herein. In the said policy, an additional premium of Rs.25/- is taken to cover the additional liability. In terms of the provision of Section 147 of the Motor Vehicle Act, the insurance policy issued would automatically cover the liability in so far as injuries or death caused to the driver at the time of accident. In that view of the matter, the additional premium of Rs.25/- collected by the company would automatically cover the liability of the additional driver. That fact was not looked into by the Tribunal while considering the liability of the insurance company to satisfy the compensation amount.
5. In that view of the matter, this Court while accepting the judgment and award impugned herein hold that the finding of the Tribunal in fixing the liability on the owner of the offending bus is not justifiable and therefore, modify the same holding that the claimant is entitled to receive the compensation jointly and severely from the owner and as well as the insurer of the offending bus.
6. Accordingly, this appeal filed by the claimant is allowed in part. The first respondent-Insurance company is directed to satisfy the compensation amount awarded by the Tribunal along with the interest specified therein within six weeks from the date of receipt of copy of the judgment and award in this appeal.