NATIONAL INSURANCE CO LTD Vs. IBRAHIM KALEEL

JUDGEMENT

(1.) The Insurer is in appeal before this Court assailing the judgment and award passed by the II Additional Civil Judge (Sr.Dn.) Member, MACT-VI, Mangalore, Dakshina Kannada in MVC No.1692006.

(2.) The brief facts of the case are as follows The respondent No.1 was an occupant of an Auto rickshaw which met with an accident and he suffered injuries in the said accident. The Tribunal has awarded compensation of Rs.2,25,560- along with interest at 6% per annum. Though the Tribunal came to a conclusion that there was violation of permit conditions, and the Insurer is not contractually liable to pay the compensation, yet proceeds to direct the Insurer to pay the compensation and recover the same from the owner.

(3.) The short question which arises for consideration is; Whether the Tribunal was justified in directing the insurer to pay the compensation on behalf of the owner and thereafter recover the same from the owner.