YACOB Vs. THAMPUNNI,

JUDGEMENT

(1.) THE above appeal is filed by the first respondent (owner) in O.P.(MV) No. 3369 of 1996 and the Cross Objection is filed by petitioner in the claim petition under Section 166 of the M.V. Act. The matter arose out of an accident, which took place on 13.1.1996, in which the first respondent, who was driving a lorry, was involved in the accident.

(2.) THE Tribunal found negligence on the part of the driver of the lorry. The learned Counsel for the appellant/first respondent complained that the Tribunal has not passed an award against the Insurance Company, on the ground that the driving licence was not available. The cross objection is filed by the injured, being dissatisfied by the quantum of compensation awarded.

(3.) THE learned Counsel for the appellant submits that there is no basis to exclude the liability of the Insurance Company, as there was licence for the driver of the lorry, which was produced. More over, a connected case was settled between the parties. Shri. Jacob Mathew, learned Counsel appearing for the Insurance Company, does not seriously contest the submission that another matter arising out of the same accident was settled. We feel that the Tribunal erred in not passing an award against the Insurance Company. In these circumstances the appeal is only to be allowed.