NATIONAL INSURANCE CO LTD Vs. RAMAKRISHNA PILLAI

JUDGEMENT

(1.) Appellant is the third respondent in O.P.(MV) 618 of 1987 of the Additional Motor Accidents Claims Tribunal, Mavelikkara. First respondent filed the Original Petition under S.110A of the Motor Vehicles Act, 1939 for compensation for bodily injuries sustained by him in a motor accident. While the matter was pending before the Tribunal, the parties settled the claim through negotiation and the appellant (National Insurance Co. Ltd.) agreed to pay Rs.25,000/- to the first respondent in full and final settlement of all the claims. Accordingly, Rs.25,000/- was awarded as compensation making the appellant liable to pay the same to the first respondent.

(2.) Contention of the appellant is that it had raised serious objections to the claim by filing a detailed counter statement, that when the case came up for trial there was suggestion for settlement and that it did not agree to the suggestion. According to the appellant, the Tribunal went wrong in granting compensation to the tune of Rs.25,000/ - in favour of the first respondent.

(3.) The award passed by the Tribunal unfolds the fact that compensation was determined solely on the basis of the settlement pursuant to negotiations. Appellant has not cared to file any affidavit or petition before the Tribunal stating that it never agreed to the payment Of compensation of Rs.25,000/- to the first respondent. Having not done so, it is futile on the part of the appellant to raise the contention that it never agreed to settlement as stated in the award, for the first time before this Court. Appellant ought to have filed affidavit before the Tribunal itself stating that it never agreed to payment of compensation of Rs.25,000/- to the first respondent Having not done so, appellant cannot challenge the award on the ground that it never agreed to any settlement as mentioned in the award.