JAGAN AND COMPANY Vs. RAM KUMARI

JUDGEMENT

(1.) -The present appeal under Section 110D of the Motor Vehicles Act, 1939, is directed against the award dated 7.8.1979, passed by the Tribunal in Claim Petition No. 101 of 1977. The respondent No. 2 herein, is a registered owner of the vehicle involved in the accident which took place on 14.11.1977. In the said accident, the respondent No. 1 received injuries as the vehicle in question dashed against her while she was going on road side alongwith her three years' minor girl. The factum of accident and the negligence of the driver of the vehicle involved in the accident is not in dispute in the present appeal, therefore, it is not necessary for this Court to notice the facts relating to the accident in detail. The Tribunal, by the impugned award, has awarded a sum of Rs. 4,900 with proportionate cost with 6% annual interest from the date of filing of the application, to the claimant-respondent.

(2.) THE grievance of the appellant, who was the owner of the vehicle, in the present appeal is limited one to the extent that the insurance company is liable to indemnify him for the sum awarded. THE contention is that the vehicle being insured with National Insurance Company Limited, the Tribunal has committed illegality in not passing the award against the said insurance company.

(3.) IN view of the above, I find sufficient force in the appeal. The judgment and order of the court below dated 27.8.1979 is modified and it is held that the insurance company is liable to indemnify the appellant for the sum awarded by the Tribunal in Claim Petition No. 101 of 1977.