NEW INDIA ASSURANCE CO LTD Vs. ASHIF PASHA

JUDGEMENT

(1.) MACT, Kolar while awarding compensation of Rs. 63,000/- to the 1st respondent - claimant directed the appellant - Insurance Company herein to pay the entire award amount and to recover 50% of the said amount from the driver and owner of the tempo bearing No. KA-07-2311. Aggrieved by the said direction given by the Tribunal, the appellant has approached this Court in this appeal.

(2.) THE facts necessary for the purpose of disposal of this appeal briefly stated are to the effect that an accident occurred on 2. 2. 1998 involving 3 vehicles. Lorry No. CAA 3748 belonging to Respondent No. 3 and insured with the appellant; tempo bearing No. KA-07-2311 driven by One Venkatesh and belonging to Respondent No. 2 and another vehicle bearing No. A. P.-03-T-9193 belonging to Respondent No. 4 and insured with Respondent No. 5 and MACT after considering the evidence placed before it came to the conclusion that the accident in question was caused due to the rash and negligent driving of the lorry No. CAA 3748 insured with the appellant and the tempo No. KA-07-2311 belonging to the 2nd respondent herein. After assessing the compensation in a sum of Rs. 63,000/-, the Tribunal on finding that the tempo No. KA-07-2311 has no insurance coverage, directed the appellant herein to pay the entire compensation amount to the 1st respondent - claimant although the liability of the appellant was fixed at 50% and the Tribunal further directed the appellant to recover the remaining 50% from the driver and owner of the tempo in question. It is this part of the operative portion of the order that is called in question by the Insurance Company in this appeal.

(3.) I have heard the submissions made by the learned Counsel Sri O. Mahesh for the appellant, learned Counsel Sri Ravishankar for Respondent No. 5 and the learned Counsel Sri Dildar Shiralli for the 1st respondent - claimant.