MANAGER, NEW INDIA ASSURANCE CO. LTD Vs. NAGARAJ

JUDGEMENT

(1.) THOUGH the appeal is listed for hearing on Interlocutory Application, the same is taken up for final disposal with the consent of the learned Counsel appearing for appellant as well as the respondents.

(2.) THIS above appeal is filed challenging the judgment and award dated 11.12.2003 passed in MVC No. 12/1997 on the file of the XIX Additional Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal (SCCH -17)(for short 'the Tribunal'), Bangalore, contending that as on the date of the alleged accident i.e., on 28.10.1996, the vehicle which was involved in the accident i.e., the vehicle bearing registration No. KA -09 -951 was not covered with the valid policy of insurance and the vehicle was insured subsequent to the alleged accident i.e., on 30.10.1996 and as such, the appellant is not liable to indemnify the owner of the vehicle viz.;, respondent No.4 herein.

(3.) NEITHER the claimant nor the other respondents have chosen to file any appeal against the impugned judgment and award. It is only the insurer of the said vehicle, who has preferred the appeal contending that the liability fastened on it is not proper.