NEW INDIA ASSURANCE CO. LTD. BY ITS MANAGER Vs. JEGADEESH REDDY S/O KRISHNA REDDY AND VISHWANATH REDDY S/O KRISHNA REDDY

JUDGEMENT

(1.) THIS appeal is by the insurance company aggrieved by the liability being put. on the appellant by the tribunal while allowing the claim petition filed by the 1st respondent Jagadeesh Reddy.

(2.) THE tribunal awarded Rs. 2,46,200/ - as compensation to the 1st respondent in respect of the injury sustained by him in a road accident that occurred on 31.5.2005. The appellant is aggrieved by the liability put on it and learned Counsel Sri. O. Mahesh, for the appellant made the following submission.

(3.) THE submission of the learned Counsel Sri. O. Mahesh is that the vehicle was driven by the claimant himself, but in order to claim compensation from the insurance company, the claimant managed to put up a different story all together by contending that he was the pillion rider in the motor cycle and it was driven by his brother Vishwanatha Reddy. The tribunal accepted the version of the claimant holding that the claimant was the pillion rider and that the accident was caused by the rider of the vehicle i.e. Vishwanatha Reddy, awarded compensation to the claimant since the vehicle was insured with the appellant.