NATIONAL INSURANCE CO. LTD Vs. MARUTI MAHADEO DHONGADE

JUDGEMENT

(1.) HEARD Ms. Barve for the appellant, Mr. Railkar for the respondent No. 1 and Mr. Shetye for respondent No. 2.

(2.) RESPONDENT No. 2 is the owner of a truck (petrol tanker) which on a highway dashed a motor car belonging to the respondent No. 1 from behind and caused damage to it. The truck was insured with the appellant. Motor Accident Tribunal on scrutiny of the evidence came to the conclusion that the driver of the truck was negligent and so came to the conclusion that the respondent No. 1 suffered a loss to the extent of Rs. 88,000/- on account of the accident, to his property viz., motor car. Accordingly, compensation of Rs. 88,000/- was awarded. The respondent No. 2 has not filed an appeal and has accepted the liability.

(3.) IN the present case, the appellant-Insurance Company had not filed a written statement. It had nowhere contended that its liability was limited to the extent of Rs. 6,000/-. The Insurance Company did not produce the insurance policy during the course of the trial. Only at the time of argument, Insurance Company filed a copy of the insurance policy without proof and that too without any defence in the pleadings that its liability was limited to Rs. 6,000/-. In view of this, the Tribunal held that both the respondent No. 2 and the appellant were jointly and severally liable to pay the full amount of Rs. 88,000/- along with interest. It cannot be said that the Tribunal committed an error in reaching this conclusion. Hence, first appeal is summarily dismissed.