ORIENTAL INSURANCE CO LTD Vs. V TEJASWINI

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the judgment and award dated 12.10.2007 passed by the Civil Judge (Sr.Dn. and CJM, Kolar, in MVC No.292/2001.

(2.) THE appellant-Insurer is aggrieved by the order of the Tribunal fastening the liability to pay compensation determined. Respondents � 1 & 2 filed claim petition before the Tribunal seeking compensation for the death of Seetharamaiah, the father of the 1st claimant and son of the 2nd claimant.

(3.) THE Tribunal on assessment of the oral and documentary evidence by the judgment dated 21.11.2005 allowed the petition, quantified the compensation payable at Rs.2,45,000/-. However, the Tribunal did not accept the contention raised by the appellant-Insurance Company regarding cancellation of the policy and the intimation of such cancellation to the owner of the vehicle. Therefore, the Tribunal held that the insurer is liable to indemnify the insured in respect of the claim of the claimants. In this view of the matter, the Tribunal directed the Insurance Company to deposit the entire compensation with interest. Aggrieved by the said judgment and award, the appellant preferred appeal before this Court in MFA No.371/2006. The said appeal was disposed of by judgment dated 10.04.2007 remanding the matter to the Tribunal for fresh consideration with regard to the liability of the Insurance Company to indemnify the insured.