NATIONAL INSURANCE CO. LTD. Vs. JOJO

JUDGEMENT

(1.) The insurer in a proceedings for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the decision of the Tribunal in granting compensation to the claimant, on the ground that the claim was not live and surviving.

(2.) The relevant facts are the following:- The claimant in the proceedings sustained injuries in a motor accident took place on 02.05.2006 involving a vehicle insured with the appellant. The claim petition was instituted after about 9 years, on 24.03.2015. The owner and driver of the vehicle contested the claim petition contending that they are unable to trace the records of the vehicle. The insurer of the vehicle contested the claim petition contending that the claim petition is not maintainable as the claim is not one which is live and surviving. The Tribunal rejected the contentions raised by the respondents in the proceedings and permitted the claimant to realise a sum of Rs. 11,80,800/- by way of compensation from the insurer. As noted, the insurer is aggrieved by the said decision of the Tribunal.

(3.) Heard the learned senior counsel for the appellant as also the learned counsel for the claimant in the proceedings.