UNITED INDIA INSURANCE CO LTD Vs. S SIDDESWARA

JUDGEMENT

(1.) THE petitioner in the above C. R. P. has preferred this civil revision petition against the judgment and award dated 17. 8. 1996 passed in the case m. V. C. No. 776 of 1991 on the file of the ii Additional Civil Judge and Motor Accidents Claims Tribunal, Bangalore Rural district, Bangalore.

(2.) THE Motor Accidents Claims Tribunal has passed an award of Rs. 6,000 only against the respondent Nos. 2 and 3 before the iower court and ultimately directing the respondent No. 3 alone, namely, United india Insurance Co. Ltd. , to pay the said amount as against the claim of Rs. 1,50,000 for the injuries sustained by the respondent no. 1 herein in a motor vehicle accident. Concluding that the driver of the lorry bearing No. MES 5994 is responsible for this accident and the respondent No. 2 being the owner of the said lorry is vicariously liable to pay the loss caused by the driver of the lorry and the respondent No. 3 being the insurer of the lorry is liable to indemnify the loss caused to the respondent No. 2, the owner of the vehicle, the award was granted.

(3.) ON behalf of the petitioner insurance company it is contended that the liability to indemnify the insured/owner of the vehicle will be subject to the owner of the lorry becoming liable to pay the compensation to the claimant in the case. Having dismissed the claim against the owner, the direction to the petitioner insurance company to pay compensation is an error committed by the trial court. Once the petition is dismissed against the owner, it should have been dismissed against the insurance company as well.