NEW INDIA ASSURANCE CO LTD Vs. TAMISELVI

JUDGEMENT

(1.) BEING aggrieved by the award dated 17-12-1998 made in M. A. CT. O. P. No. 147 of 1996 on the file of Motor Accidents Claims tribunal (sub-Judge), Bhavani awarding a compensation of Rs. 2,11,000 and directing the same to be paid by the appellant/insurer to respondents 1 to 3/claimants, the insurer has filed the above appeal.

(2.) THE short facts which are necessary for the disposal of the case are set out below:

(3.) BEFORE the Tribunal, on the side of claimants, the first respondent herein was examined as P. W. I and one Nagarajan was examined as P. W. 2 and Exts. P-1 to P-10 have been marked. On the said of insurer one a. S. Sridharan, Assistant of the insurance company, was examined as R. W. 1 and the owner of the van-fifth respondent herein, was examined as R. W. 2. The Tribunal on a careful consideration ot the oral and documentary evidence adduced in the case held that the deceased Malheswaran was not the driver of the van and he was only a passenger in the van and vehicle was being driven by the fourth respondent herein and by relying upon the decisions reported in air 1987 SC 1184 and AIR 1996 SC 2054, fastened the liability on the insurer. The tribunal awarded a total sum of Rs. 2,11,000 and held that respondents 4 and 5 herein and the appellant are jointly and severally liable to pay the award amount.