NEW INDIA ASSURANCE COMPANY LTD Vs. SHANTI DEVI

JUDGEMENT

(1.) HEARD counsel for the appellant.

(2.) THIS is an appeal filed by the insurer against the impugned award dated 2-3-1996, made by the Motor Accidents Claims Tribunal, Uttar-Kashi.

(3.) LEARNED counsel for the insurer-Sri A. B. Saran vehemently urges before us that unless there is an award, against the owner of the vehicle, there shall be no responsibility of the insurer to indemnify the owner. He submits that there cannot be any award against the deceased insured, inasmuch as his heirs have not been im pleaded. There being no award against the owner, says Sri Saran, no liability could be said to have been incurred by the owner and that being so, the appellant is not liable to indemnify any liability in this case.