BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. Vs. PUTTANNACHARAI

JUDGEMENT

(1.) THIS appeal under section 173(1) of M.V. Act by the appellant -Insurance company is against the judgment and award dated 2.6.2011 in M.V.C. No. 8425/2008 on the file of Small Causes Court and MACT, Bangalore fastening the liability on the insurance company to pay award amount with liberty to recover the same from the owner of the vehicle.

(2.) THE facts which gave rise to this appeal are as under: - -

(3.) THE claim petition came up for consideration before the tribunal. The tribunal upon hearing the submissions made by learned counsel for the claimant and Insurance company and on appreciation of evidence, awarded a total compensation of Rs. 4,51,000/ - to the claimant and directed that the owner and insurer of the tractor are jointly and severally liable to pay the compensation, giving liberty to the Insurance company to deposit and thereafter to recover the same from the owner of the tractor, though the Tribunal held that the claimant was travelling as gratuitous passenger in the tractor at the time of accident.