NOORULLA Vs. P K PRABHAKAR

JUDGEMENT

(1.) THIS appeal arises under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act' ). The claimant is the appellant before us. The owner of the vehicle and the insurance company are respondents 1 and 2 respectively. The principal grievance raised by the claimant is that the Motor Accidents Claims Tribunal (hereinafter referred to as the 'tribunal') has committed an error of law in exonerating the insurance company from indemnifying the compensation awarded against the owner.

(2.) ON a close reading of the order the reference drawn by the learned single Judge, the following question of the law seems to require our consideration :-

(3.) THE relevant facts are quite brief and are almost admitted. Respondent-1 is the owner of a goods vehicle bearing registration No. MEC 4469. The claimant was under his employment working as a driver. On 28-11-1988, while he was travelling in the vehicle as an additional driver, it met with an accident causing injuries to the claimant and to one more person. On the fateful day, the vehicle was being driven by another driver named Nawab Jan.