ORIENTAL INSURANCE CO LIMITED Vs. ERSHAD AHMED

JUDGEMENT

(1.) By way of the present appeal, the appellant seeks to challenge the impugned award on the ground that the claimant respondent has failed to prove rash and negligent driving on the part of the driver of the offending vehicle. Another contention raised by the counsel for the appellant is that respondent was a gratuitous passenger and he failed to produce on record any documentary proof to show his ownership over the goods which was being carried in the offending vehicle. Even the claim petition was bad for non-joinder of necessary parties as the respondent failed to implead driver, owner and insurer of the stationary vehicle against which the offending vehicle had rammed into. Even the Tribunal granted excess amount of compensation which was not even claimed by the respondent claimants, contends counsel for the appellant.

(2.) The present appeal filed by the appellant insurance company can be disposed of at this stage itself as the claimant respondent is duly represented by the Advocate who has appeared on caveat.

(3.) There is no need to direct notice of the present appeal on respondent Nos. 1 and 2 who are driver and owner of the offending vehicle as there is no dispute with regard to the offending vehicle being duly insured with the insurance company.