Telangana High Court
The United India Insurance Company ... vs Polala Anitha And 2 Others on 13 March, 2023
Author: Lalitha Kanneganti
Bench: Lalitha Kanneganti
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
M.A.C.M.A.No. 1132 of 2011
J U D G M E N T:
This is an Appeal filed by the Insurance Company aggrieved by the Award dated 27.01.2011 in O.P.No. 903 of 2007 on the file of the Motor Accidents Claims Tribunal-cum-V Additional District Judge (II FTC) at Warangal, whereby the Tribunal held the Insurance Company liable and directed them to pay compensation of Rs.71,000/- with simple interest at 6% per annum from the date of filing the original petition till the date of deposit or realisation.
2. Learned Standing Counsel for the Insurance Company submits that the Insurance Company is aggrieved as far as liability is concerned. It is submitted that the subject bus was hired by the RTC and once it is hired, the RTC alone is liable to pay the compensation, but however, the Tribunal had dismissed the O.P. against the RTC and fixed the liability both on the owner as well as the insurer.
3. The issue is no longer res integra as the Hon'ble Apex Court in Uttar Pradesh State Road Transport Corporation v. Rajenderi Devi1 had held that though the vehicle is hired with the RTC, Insurance Company is liable to pay the compensation.
1
(2020) 19 Supreme Court Cases 230 2
4. In view of the ratio laid down by the Hon'ble Apex Court, the Appeal is dismissed. No order as to costs.
5. Pending miscellaneous petitions, if any, shall stand closed.
------------------------------------ LALITHA KANNEGANTI,J 13th March 2023 ksld