ORIENTAL INSURANCE COMPANY LIMITED Vs. PEER SAB

JUDGEMENT

(1.) INSURER is in appeal questioning the correctness and legality of the judgment and award passed by MACT., Shimoga dated 03.10.2007 in M.V.C. No. 693/2006, where under claim petition filed by the father and mother of the deceased has been allowed in part and a compensation of Rs. 1,50,000/ - has been awarded with interest at 6% per annum from the date of petition till the date of payment or deposit, whichever is earlier.

(2.) I have heard the arguments of Sri A. Ravishankar, learned counsel appearing for the appellant -Insurer, Sri Lakshmeesh Rao, learned counsel appearing for respondents 1 (a) and 2 and Sri G. Venkatachala, learned counsel appearing for respondent No. 3. Perused the records secured from the Tribunal. The only issue that arises for consideration in this appeal is:

(3.) PER contra, Sri Lakshmeesh Rao, learned counsel appearing for the claimants would support the judgment and award in question and contends that Tribunal has rightly fastened the liability on the insured to be indemnified by the insurer on the ground that there was an existing policy, which was in force and vogue as on the date of the accident and as such, the insurer cannot stave off it liability to answer 3rd party claims. Hence, he prays for dismissal of the appeal.