NEW INDIA ASSURANCE CO LTD Vs. D RAJAGOPAL

JUDGEMENT

(1.) THE Insurance Company has come forward with this appeal challenging the Award dated 30.08.2005 passed by the Motor Accidents Claims Tribunal granting a sum of Rs.2,05,000/-as compensation in respect of an accident that took place on 17.5.2002.

(2.) THE learned counsel for the appellant would contend that at the time of the accident, the vehicle being Tourist Taxi vehicle, did not have a permit and therefore, they will not be held liable to pay compensation. Even otherwise, the lower court has awarded the compensation and permitted the insurance company to pay and recover which is also not acceptable to the appellant on the ground that only the owner would be liable to pay and not the insurance company, as it is statutory obligation that the vehicle should be plying in the road with necessary permit. As there is no permit at all, there may not be any liability on the insurance company. As far as quantum is concerned, in a case of injury, the multiplier theory itself is wrong and only if the disability is accepted, a lesser amount has to be granted. Hence, the insurance company challenges the award.

(3.) IT is the case of passengers travelling in a tourist taxi. One of the passengers in the vehicle got injured in the accident, where the vehicle dashed against the tree and in view of the accident, injury is caused to the passenger of the vehicle.