NATIONAL INSURANCE COMPANY LIMITED BANGALORE Vs. RASHEEDA

JUDGEMENT

(1.) THIS is an appeal by the Insurance Company from award dated 9-3-1994 given by the II Additional District Judge (Motor accident Claims Tribunal) Mysore in MVC No. 576 of 1992.

(2.) THE sole question agitated in this case is whether the insurance Company is liable to pay compensation awarded to one who is travelling in a private car. Whether Insurance company is liable to pay compensation for injury or death of such person in motor accident. The facts of the case in brief are that on 10-5-1992 one Abdul Rehman along with members of his family and relatives was travelling in an Ambassador car bearing No. KA-01-M-3200 from Karuur to Bangalore via virajpet and on account of rash and negligent driving of the said car by the first respondent in MVC Case No. 576 of 1992, the accident did take place at 3 a. m. near Panchavati on B. M. Road and in that accident, the claimants husband Abdul Rehaman died on the spot and several other persons were injured. The claimant/respondent 1 preferred a claim petition under Section 166 (1) of the Motor Vehicles Act, 1988 for the death of her husband and claimed compensation to the tune of 6,10,000/ -. The application under Section 140 of the Motor Vehicles Act, 1988 was moved and the claimant made a claim for interim compensation which is described under Section 140 of the Act as 'no Fault Liability' to the tune of Rs. 25,000/ -. The Tribunal appears to have granted time to the respondents to file objections but it appears from the order none was filed. Respondent 3 at a later stage prayed for some more time to file the objections but the Tribunal in view of the fact that sufficient time had already been granted, rejected the prayer for postponement. The Tribunal passed the award after having found that the death of the claimant's husband having occurred in the motor accident on 10-5-1992 involving car bearing No. KA-01-M-3299, the owner of the vehicle respondent 2 is liable to pay compensation under Section 140 of the Act of 1988 to the tune of Rs. 25,000/- It further, found that respondent 3 is the insurance Company with which the car has been insured. So it directed the said amount to be paid by the Insurance Company along with 6% interest per annum from the date of publication till the date of deposit and prescribed the period of one month for its deposit.

(3.) HAVING felt aggrieved from this order, the Insurance company has come up in appeal.