ANISH Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Heard learned counsel for the appellants and Miss Pooja Arora holding brief of Sri S.C. Gulati, learned counsel for the insurance company.

(2.) These two appeals filed under Section 173 of Motor Vehicles Act involving a common question of law were heard together and are decided by a common judgement. Both the appeals have arisen out of the case of death in the same motor accident. In FAFO No. 305 of 2010, a compensation of Rs. 80,000/- awarded by the Tribunal is the subject matter of dispute whereas in FAFO No. 230 of 2010, the amount involved is restricted to Rs. 67500/-.

(3.) In both the cases the liability for payment has been fixed exclusively upon the appellant, although the tractor involved in the accident bearing No. UP34-A-4209 belonged jointly to several other persons as per the registration certificate. Amongst the owners, the appellant alone was chosen to be impleaded as a defendant in the claim petitions. The appellant by means of the present appeals has disputed the liability on the ground that his vehicle i.e. tractor no. UP34-A-4209 was duly insured and was driven by a person possessed with a valid driving licence. Therefore in absence of any violation of the insurance policy, the liability ought to have been fixed upon the insurance company was the case set up by the appellant.