NATIONAL INSURANCE CO. LTD Vs. K.R.MURGESHAN

JUDGEMENT

(1.) THE Appeal is directed against the judgment dated 19.4.2006 and 4.8.2007 whereby a compensation of Rs. 1,86,000 was awarded in favour of the First Respondent for having suffered injuries in a motor accident which occurred on 9.7.1988. While awarding the compensation, the Motor Accident Claims Tribunal (the Claims Tribunal) opined that the Appellant 'sliability was limited to Rs. 50,000. However, it ordered the Insurance Company to pay the entire compensation and recover the excess compensation from Respondent Nos. 2 and 3 (the driver and owner) of the bus involved in the accident.

(2.) ON 9.7.1988 at about 5:30 p.m., the First Respondent suffered serious injuries while boarding a bus near Virat Cinema. On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of bus No. DEP - 4614 by its driver, the Second Respondent. The bus was owned by the Third Respondent. The Claims Tribunal found that the First Respondent had suffered 50% disability in respect of his right lower limb. The Claims Tribunal awarded an overall compensation of Rs. 1,86,000 along with interest @ 10% per annum.

(3.) EVEN during hearing of the Appeal none appeared on behalf of the Claimant (the First Respondent), the driver (the Second Respondent) and the owner of the bus (the Third Respondent). The Claims Tribunal did not give any reason to make the Insurance Company liable to pay the entire compensation and then recover it from the Second and the Third Respondent.