ORIENTAL INSURANCE COMPANY LIMITED Vs. NANJAPPAN

JUDGEMENT

(1.) Leave granted.

(2.) Oriental Insurance Company Limited (hereinafter referred to as an "insurer") calls in question legality of the judgment rendered by a Division Bench of the Madras High Court holding that the respondents (hereinafter referred to as the claimants) were entitled to compensation from the owner of the vehicle (described hereinafter as "insured") which was the subject-matter of insurance with the appellant and that the insurer had the liability to pay the compensation by way of indemnification.

(3.) The Motor Accident Claims Tribunal and Subordinate Court, Tirupur (hereinafter referred to as the Tribunal) had held that the liability was of the insured alone, and the insurer had no liability. In appeal, for accepting the case of the respondents-claimants the High Court held that the decision of this Court in New India Assurance Company vs. Satpal Singh and others, (2000) 1 SCC 237 was applicable. It has to be noted that the accident took place on 15-9-1990 and the Claim Petition was filed under the Motor Vehicles Act, 1988 (in short the Act).