RAMESH KUMAR SINGH Vs. KRISTO SAO

JUDGEMENT

(1.) THIS order shall govern the appeal preferred by the driver and the owner against the award dated 16-12-1997 passed by the Additional motor Accident Claims Tibunal, Jashpur, district Raigarh (henceforth 'the Tribunal') in claim Case No. 7/96, whereunder in a case of death of a third party, i. e. a girl Ku. Sangeeta, aged 10 years, while exonerating the insurer, liability was fastened on the driver and the owner to pay compensation of Rs. 65,000 to the claimant. It would also govern the cross-objection preferred by respondent No. 1/ claimant under Order 41 Rule 22 of the Code of Civil Procedure for enhancement of compensation.

(2.) ADMITTEDLY, on 21 -2-1996, the claimant kristo Sao was going with his 10 years' old daughter Ku. Sangeeta near Ichkela Jamtoli when she was dashed by Truck No. OSC 6975 (henceforth 'the truck') being driven in a rash and negligent mannerby appellant No. 1, owned by appellant No. 2 and insured by respondent no. 2 on the date of accident.

(3.) THE Tribunal exonerated the Insurance company on the ground that although the truck had been transferred on 17-4-1994 by its owners Umashankar and Ghanshyam to appellant No. 1, the certificate of insurance and the policy of the truck continued in the name of Umashankar and Ghanshyam on the date of accident. The Tribunal held that in such a situation the Insurance company could not be held liable to pay compensation since such liability rested with the appellants.