UNITED INDIA INSURANCE CO LTD Vs. KANDAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been preferred against the award passed by the Motor Accident Claims Tribunal (Subordinate Judge), Dharmapuri dated 03.07.2001 made in M.C.O.P.No.868/1992 on the file of the said Tribunal.

(2.) THE respondents 1 and 2 herein, having lost their 8 years old girl child by name Valarmathi in an accident that took place at 3.00 p.m. on 28.06.1991 at old quarters, Savulupatty, within the jurisdiction of Adiyamankottai Police station, made a claim before the Tribunal against the third respondent herein and the appellant herein in their capacities as owner and insurer of the offending vehicle, namely the lorry bearing Registration No.TNB-3697. Though the total damages was calculated at Rs.1,50,000/- by the respondents 1 and 2/ claimants, restricting their claim to Rs.1,00,000/-, they prayed for an award against the said owner and the alleged insurer of the offending vehicle.

(3.) IN view of the admitted position that the appellant/ insurance company did not get any permission under Section 170 of the Motor Vehicles Act before the Tribunal and the present appeal itself has been preferred not on the question of negligence or quantum, but on the question of liability of the appellant to shoulder the liability of the owner of the vehicle alone, the point that arises for consideration is very narrow, namely - "whether the appellant/insurance company is not liable to pay the compensation to the respondents 1 and 2 on behalf of the third respondent, the owner of the offending vehicle?"