NATIONAL INSURANCE CO LTD Vs. K AZEEZ

JUDGEMENT

(1.) BEING aggrieved by the liability fastened on the appellant insurance company to pay compensation of Rs.13,000/- to the injured in M.C.O.P. No. 40 of 2005 and Rs.2,45,000/- to the legal representatives of the deceased K.Abdul Basha, in M.C.O.P. No. 41 of 2005, by a common award, the present Civil Miscellaneous Appeals have been filed.

(2.) NEGLIGENCE of the driver of the offending vehicle bearing registration No. AP-16- TU-6706 insured with the appellant insurance company, and the quantum of compensation awarded to the respondents/claimants in both the appeals, are not in dispute and therefore, there is no need to advert to the same, except to the extent of adjudicating the only issue as to whether the Claims Tribunal had committed any manifest illegality in fastening liability on the insurance company. As the question involved in both the appeals, submissions advanced by both parties are one and the same, both the appeals are being disposed of by a common judgment and decree.

(3.) ANDHRA Pradesh State Transport Corporation, represented by its Palamaner, Depot Manager, 2nd and 11th respondent in C.M.A. Nos. 1519 and 1520 of 2010 respectively, denied rash and negligent manner of driving on the part of the bus driver. The corporation blamed the motor cyclist for the accident. Without prejudice to the above, the Corporation further submitted that they are not liable to pay compensation. Mr. Sivaprasad, 3rd and 12th respondent in C.M.A. Nos. 1519 and 1520 of 2010 respectively, and the National Insurance Company, Chennai, appellant in both CMA, also disputed the manner of accident. Without prejudice to the same, they disputed the age, occupation, income of the injured and the deceased.