UNITED INDIA INSURANCE COMPANY LTD Vs. D CHANDRA

JUDGEMENT

(1.) THIS appeal has been preferred by the Insurance Company against the award of Rs.80500/-(Rupees Eighty Thousands and Five Hundred Only) made in favour of the first respondent /claimant.

(2.) THE case of the claimant before the Tribunal was that she got injured when she was travelling in his scooter on 15.06.1987 which skidded while the two wheeler rider tried to avoid the tractor trailor. Hence, she sustained fracture in the left ankle, contusion in the hip and bleeding injuries all over the body.

(3.) MRS.N.Mala, the Learned Counsel for Appellant submitted that the First Information Report marked as Exhibit A-1 given against the driver of the tractor trailor and the evidence of P.W.1 was that because of the negligent driving of the tractor trailor, the accident occurred and the Tribunal came to the conclusion that the tractor trailor alone was responsible for the accident. The Tribunal should have dismissed the petition and ought not to have directed the appellant Insurance Company to pay the amount, as the owner and insurer of the tractor trailor was not made a party to the proceedings.