UNITED INDIA INSURANCE CO LTD Vs. MURUGAN

JUDGEMENT

(1.) This appeal is presented by the Insurance Company against the award dated 6/08/1993 passed in M.V.C. No. 929/89 by the Motor Accidents Claims Tribunal, Metropolitan Area, Bangalore. Under the award a sum of Rs. 35,000/- is awarded as compensation to the first respondent herein (claimant-petitioner before the Claims Tribunal) payable jointly and severally by the appellant insurance company, the owner and the driver of the vehicle in question who were the respondents before the Claims Tribunal with costs and current interest at 6% per annum from the date of presentation of the claim petition till the date of payment.

(2.) The facts of the case in brief are as follows: On 3-4-1989 on East End Main Road, 38th Cross, Jayangar, while the first respondent who is a minor was crossing the road, was hit by the Matador van owned by the second respondent. According to the second respondent the vehicle in question was covered by the insurance policy issued by the appellant in its favour.

(3.) The Tribunal after consideration of the entire evidence on record has allowed the claim petition and awarded the compensation fastening the liability jointly and severally on the appellant insurance company as well as the owner and the driver of the vehicle as stated above.