ORIENTAL INSURANCE CO LTD BY ITS DIVISIONAL MANAGER REPRESENTED BY REGIONAL MANAGER BANGALORE Vs. KENCHAMMA

JUDGEMENT

(1.) The present appeals reveal the careless and negligent manner of functioning of the appellant M/s Oriental Insurance Company Limited, Bellary Branch, who has preferred these appeals questioning the legality of the order and award passed by the Member, Addl. M.A.C.T. & P.O. Fast Track Court-II, Koppal in M.V.C. No. 520/2006 and M.V.C. No. 521/2006 dated 20.07.2007 awarding a compensation in a sum of Rs. 23,000/- and Rs. 20,000/-respectively in favour of first respondent in both the appeals, contending that the Insurance Company even when had no liability to pay any amount, particularly as the first respondent in M.F.A. No. 13506/2007 was an unauthorized passenger in a goods vehicle, the Insurance Company though has covered the risk of the owner of the goods vehicle the terms of the policy does not cover such risk nor the statutory provisions create a liability on the insurance company and therefore the award be set aside. The main ground of attack on the award of the Tribunal, proceed on the premise that the claimant when is an unauthorized passenger, travelling in the goods vehicle causing the accident, the Tribunal by overlooking and in contravention of the legal position, could not have passed any award in favour of such an unauthorized passenger, that the Insurance Company had no liability to cover the risk of a owner in respect of such an unauthorized passenger and therefore the award is to be set aside.

(2.) These appeals are listed today before the Court for orders due to the reason of the appellant Insurance Company not having taken necessary steps to ensure that the second respondent--owner in both the appeals was served with the notice of the present appeals.

(3.) These two appeals though had not been admitted, notice had been directed to be issued to the respondents. While the owner is either not served or the insurance company has not made sufficient efforts to ensure that the owner is served, who is no other than the customer of the appellant-insurance company. Respective claimant is the first respondent in both the appeals and is represented by Sri Chandrashekar P. Patil.