EAGLE BRAND SOAPNUT COMPANY Vs. RANGASAMY

JUDGEMENT

(1.) HEARD Mr.R. Srinivasan counsel for the appellant and Mr.Balachandran for the first respondent/ claimant. The second respondent Insurance Company was served as early as on 17.5.1993. The second respondent company is also represented by their counsel M/s.Joseph and Rao. Their names were printed in the Cause List even on 23.1.1991. When the matter was pending in the court the learned single Judge of this Court (Rathnam, J) who passed an order dismissing the appeal for non-prosecution on 23.1.1991. This main appeal was listed for hearing on 21.1.1997, 27.1.1997 and also today. The names of the counsel for the Insurance company is printed in the cause list and inspite of their names being printed in the list, there is no representation on all these days. So we proceed to hear the appeal on merits.

(2.) THE owner of the vehicle is the appellant in this appeal. On 2.7.1983 when the injured was travelling in the vehicle in the van belonging to the appellant, to help the mechanic, the vehicle met with an accident. As a result one person was crushed to death and the claimant's right leg was also crushed and the claimant was admitted as an in-patient from 2.7.1983 to 26.10.1983 at the Government Headquarters Hospital, Trichy where the right foot of the claimant was amputated at knee joint and skin grafting was done. THE claimant filed M.A.C.T. O.P. No.52 of 1984 on the file of the V Additional Sub Judge, Trichy claiming a compensation of Rs.50,000. THE tribunal awarded a sum of Rs.30,000 and directed the owner of the vehicle, the appellant herein to pay the said compensation. It is against this award the owner of the vehicle has preferred this appeal.

(3.) THE appellant who is the first respondent before the tribunal filed a statement of objection. According to him the vehicle was driven with care and caution and was not driven in a rash and negligent manner as alleged. He had insured the vehicle with the Insurance Company under Policy No.42187120909/ 527 Certificate No.54349 with effect from 12.11.1982 to 11.11.1983 and that policy acknowledges the liability of the Insurance Company in addition to the owner's liability. In other words the policy covers also the liability of the owner in whatever manner arisen included in the Amended Act No.47 of 1982. THE Insurance Policy took effect from 12.1.1982 after the Act No.47 of 1982 came into force on 1.10.1982 and hence the Insurance Company alone is liable to pay the compensation awarded.