NATIONAL INSURANCE CO LTD Vs. R V DAS

JUDGEMENT

(1.) This Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the orders made in I.A.No. 153 of 1998 in M.C.O.P.No. 7 of 1998 dated 28-06-2000 on the file of Motor Accidents Claims Tribunal, Additional District Court, Nagerkoil.

(2.) Today, when the above matter was taken up for consideration, on a perusal of the materials placed on record and upon hearing the learned counsel for both, what comes to be known is that the respondents 2 to 8 herein, as petitioners have filed a petition in M.C.O.P.No. 7 of 1998 on the file of the Motor Accidents Claims Tribunal, Additional District Court, Nagerkoil, praying to award a compensation of Rs.1,50,000/- with interest at 12% from the date of accident, till the date of realization, with costs. The M.A.C.T. passed an award for Rs.69,500/- to the petitioners towards compensation with interest at 12% per annum from the date of petition till the date of realization with proportionate costs. The respondents 1 and 2, who are the driver and owner respectively of the vehicle are jointly and severally liable to pay the aforesaid compensation to the petitioners. As per the above award, first petitioner would be entitled to Rs.39,500/- and petitioners 2 to 7 would be entitled to Rs.5,000/- each. The petition against the third respondent, which is the Insurance Company is dismissed, without costs.

(3.) The second respondent in the M.C.O.P., who is the owner of the vehicle filed a Review Application in I.A.No. 153 of 1998 praying to review the order dated 22-9-1998 in the M.C.O.P.No. 7 of 1998, by exonarating him from paying any compensation amount and fastening the liability on the Insurance Company, the third respondent in M.C.O.P. for payment of the compensation amount awarded in the claim petition. The Additional District Judge, Nagercoil, allowed the said I.A. holding that the respondents in M.C.O.P. are jointly and severally liable to pay the compensation amount and it is only testifying the validity of the said order the ninth respondent in the Review Application I.A.No. 153 of 1998, as petitioner has come forward to file the above Civil Revision Petition praying to invoke the powers conferred under Article 227 of the Constitution of India.