NATIONAL INSURANCE CO LTD Vs. SABER SHEIKH

JUDGEMENT

(1.) HEARD Mr. E. Afonso, learned Counsel appearing on behalf of the appellant.

(2.) THIS appeal is directed against the Judgment and award dated 21/05/2005 passed by the learned Claim Tribunal , Mapusa in Claim Petition No. 30 of 2003.

(3.) AS per the award, the petition has been partly allowed. The respondents no. 2 and 3 i.e. the owner of bus involved in the accident and the Insurance Company (present Appellant) have been held jointly and severally liable to pay compensation of Rs. 2,68,500/ - to the claimants along with interest @ 9% p.a. from the date of application till payment. Mr. E. Afonso, learned Counsel pointed out that the issues no. 4 and 5 have been answered by the learned Tribunal in the negative and in the affirmative respectively which means that the Tribunal has held that the said bus involved in the accident had no valid insurance cover as on the date of the accident. He, therefore, contended that the appellant was not liable to indemnify the respondent no.2 since there was no valid insurance. In the alternative, he submits that the award passed by the learned Tribunal be modified by holding that the amount shall be paid by the appellant and subsequently recovered by him in the execution proceedings. Mr. E. Afonso, learned Counsel has relied upon