UNITED INDIA INSURANCE CO LTD Vs. DODDAPAPAIAH

JUDGEMENT

(1.) ). THIS appeal is by the insurance company.

(2.) ). RESPONDENT No. 1 had filed a petition claiming compensation in respect of the injuries suffered by him in the accident occurred on 11. 4. 1992. Before the Tribunal the appellant insurance company had taken the defence that respondent No. 1 is not entitled to any compensation because on the date of accident he was travelling on the top of the bus which is contrary to section 123 (2) of the Motor Vehicles act, 1988 (for short 'the Act' ). Before the tribunal, the insurance company has not adduced any evidence to prove that the petitioner was travelling on the top of the bus. Therefore, the Tribunal on the assessment of evidence has held that the respondent No. 1 is entitled for compensation of Rs. 22,000 with interest and has also held that the insurance company has not adduced any evidence to show that the respondent No. 1 was travelling on the top of the bus.

(3.) SECTION 123 (2) of the Act reads as follows: