ORIENTAL INSURANCE CO. LTD. Vs. MANDAR VAMAN MANERKAR

JUDGEMENT

(1.) Heard Mr. E. Afonso, the learned Counsel for the applicant and Mr. R. G. Ramani, learned Senior Counsel with Mr. P. Kakokdar, learned Advocate for the respondent no.1 (claimant).

(2.) The present revision application is filed by the Oriental Insurance Company being aggrieved by the judgment and award dated 03.06.2014 by the Motor Accident Claims Tribunal, North Goa, Panaji, Goa, in Claim Petition No. 69 of 2010.

(3.) The learned Advocate for revision applicant Mr. E. Afonso, submitted that before the Tribunal, the claim of the petitioner was under Section 166 of the Motor Vehicles Act, 1988 and he claimed an amount of Rs. 8,00,000/- for personal injuries in motor accident on 06.11.2008 involving motorcycle bearing no. GA 03/F 5964 belonging to the respondent no.1 and Van bearing no. GA 01/Z 0404, driven by respondent no.2, owned by respondent no.3 and insured with the applicant-Company. The driver and the owner of the van did not contest the claim and Tribunal proceeded exparte against them. It is also matter of record that the applicantinsurance company, did not apply to defend the petition under Section 170 of Motor Vehicles Act, (Act, for brevity). The learned Tribunal awarded amount of compensation of Rs. 7,70,000/- with 9% interest to be paid jointly and severally to the petitioner and the respondent nos.2 and 3, (driver and owner).