PITAMBAR M TANDEL Vs. ASHWINI ASHOK NAIK

JUDGEMENT

(1.) THE Petitioners in MVC Nos. 233/98 and 235/98 have suffered personal injuries in a motor vehicle accident. The Tribunal awarded compensation of Rs. 41000/- in MVC 233/98 and Rs. 42000/- in MVC 235/98 with interest at 8% P. A. , The Tribunal exonerated the liability of the insurer and directed the owner of the vehicle to pay the compensation. The owner is in appeal challenging the dismissal of the case as against the insurer. The respondent-insurer had filed an application under Order 41 Rule 27 r/w. Section 151 of CPC. , for production of motor claim form submitted by the owner as additional evidence. The request is granted. Document taken on record as evidence.

(2.) THE owner has lodged FIR immediately after the accident. In the FIR, it is stated that his relative was taking the vehicle outside the compound and in that process caused injuries to the petitioners. The manner of accident in the claim form is stated that-"on 20. 5. 1998, my relative V. Krishnaraj T. Tandan while taking my vehicle from my gate, accidentally one woman and child are injured at the same time, my driver Mr. Kostan S. Fernandes was sitting with Krishnaraj T. Tandan. " The injured in the criminal case has not indicated the accused as the driver of the vehicle at the time of accident. The Criminal Court has acquitted the accused on the ground that the prosecution has failed to prove the accused was the driver, who caused the accident.

(3.) SRI A. M. Venkatesh, Learned Counsel for the insurer strenuously contended that the contents of the FIR lodged by the owner clearly discloses that the V. Krishnaraj T. Tandan was driving the vehicle and that he had no valid driving licence. Therefore, the insurer is not liable to pay the compensation.