ASMA BEGUM Vs. NISAR AHMED

JUDGEMENT

(1.) This appeal is by the claimants in a claim petition presented under Section 110-A of the Motor Vehicles Act before the Motor Accidents Claims Tribunal, Bangalore City.

(2.) The claim petition was filed on the allegation that the Mirza Nazuriddin, husband of the 1st claimant died in a motor accident which took place on 17-11-1983 at 10.05 A.M. involving lorry bearing Registration No. MYM 3403 belonging to the 2nd respondent in the claim petition, which was being driven by the 1st respondent in the claim petition. M/s. New India Assurance Company was made the 3rd respondent as the insurer of the vehicle.

(3.) The Tribunal, on the issue, as to whether the accident occurred on account of the rash and negligent driving of the lorry bearing Registration No. MYM 3403 recorded a finding in the affirmative. Regarding the quantum of compensation the Tribunal fixed the total compensation payable at Rs. 67,440/-. On the issue, as to which of the respondents is liable to pay compensation, the Tribunal held that at the time of accident, the vehicle was not covered by an insurance policy and therefore the 3rd respondent - Insurance Company was not liable to pay the compensation. The appellant, the owner of the vehicle has presented this appeal aggrieved both by the quantum of compensation awarded and the finding that the Insurance Company is not liable to pay the compensation.