NATIONAL INSURANCE COMPANY LIMITED Vs. K V NAGARAJ

JUDGEMENT

(1.) This appeal has been preferred by the insurer of the vehicle Eitcher Tempo challenging the judgment and award passed in MVC.No.3470/2018 wherein, the Tribunal had awarded a compensation of Rs.2,92,000/- with costs and interests and had imposed liability on the insurer and the owner of the tempo.

(2.) The parties are referred to as per their ranks before the Tribunal, for the purpose of convenience.

(3.) The facts as regards the accident was that, on 11.7.2017, the petitioner was travelling in the tempo Eitcher vehicle from Mulabagal to Chennai carrying vegetables for the purpose of sale. It is stated that at Erangalkote near Ajil Body Building on Chennai- Bengaluru National Highway No.4, the tempo collided with a lorry bearing No. TN 20 AE 7482 parked on the road in the same direction. Before the Tribunal, the owner of the tempo was arrayed as respondent No.1, the insurer of the tempo as respondent No.2, owner of the lorry as respondent No.3 and insurer of the lorry as respondent No.4. Though copies were served on the respondents, respondent No.1 and 3 were placed ex parte and the other two respondents have contested the case.