NEW INDIA ASSURANCE COMPANY Vs. ANDAL AMMAL

JUDGEMENT

(1.) THIS Appeal coming on for hearing on Friday, the 4th Friday, the 11th Monday the 21st days of November 1988, and on this day upon perusing the petition of Appeal, the order of the Lower Court, and the material papers. in the case, and upon hearing the arguments of Mrs. Bagheerathi Narayanan of M/s. A.R. Ramanathan, P. Sukumar and J. Zeenathunissa, Advocates for the Appellant and of Mr. A.N. Viswanatha Rao advocate for the 1st Respondent and notice to the 2nd Respondent having been dispensed with and he remained absent and set ex-parte in the lower court the court made the following order:

(2.) THE Insurance Company, which had been directed by the Motor Accidents Claims Tribunal to pay compensation of Rs. 40,000/- to the legal representative of the victim of the accident, has filed the present appeal challenging its liability to indemnify the owner of the vehicle.

(3.) THE second respondent, who is the owner of the vehicle, remained ex parte.