UNITED INDIA INSURANCE COMPANY LTD Vs. GANAPATHY

JUDGEMENT

(1.) THE United India Insurance Company, tenkasi Branch, is the appellant before this court. The claimants Ganapathy and muppidathi have filed a petition claiming compensation upon the accident death of their son Nagarajan, aged about 20 years. He was a passenger in the autorickshaw bearing Registration No. TSP 7239 that was owned by Mohammed Ibrahim, respondent no. 4, which was insured by the appellant-Insurance Company. Mariyappan, who has been arrayed as respondent No. 1, was the driver of the said autorickshaw. Because of the negligence of the driver Mariyappan, according to claimants, it dashed against a wall and there was an accident in which the passenger of the autorickshaw was thrown away and died and that was the said nagarajan.

(2.) MOHAMMED Ibrahim was exonerated because of default on the part of the claimants in not paying batta and, therefore, there was an order of dismissal only so far as mohammed Ibrahim, the owneris concerned.

(3.) THE learned Counsel for the appellant submitted that when the owner is not in the picture and not in the case title, there cannot be any direct liability upon the appellant-Insurance Company. His further argument was that only if there was a liability upon the owner, by virtue of the contract of insurance, the liability of the owner may dwell upon the insurance Company by the principle of reimbursement in terms of contract. Inasmuch as the owner himself is no longer a party before us, it was argued that the Insurance company/appellant is under no stretch of imagination is liable to pay the compensation.