MOHANRAJ BHIKU GANDHI Vs. KADAMMA NANUMANTA

JUDGEMENT

(1.) This First Appeal impugns the Award dated 14th december, 1988 of the Motor Accidents Claims Tribunal for Greater Bombay made in Application No. 1958 of 1986. The Tribunal has awarded compensation by directing the appellant to pay an amount of Rs. 36,000/- to the applicant i. e. respondent No. 1 herein along with 12% interest per annum from the date of the application till realisation and proportionate costs of the application.

(2.) On 30th January, 1984, an accident occurred when a lorry bearing No. MHT-4438 dashed against a cyclist Yengappa Nanumanta Reddy. This happened around 10. 00 p. m. at Chembur. An FIR was lodged and a claim was filed under the Motor Vehicles Act, 1988 by respondent No. 1 who is the mother of the deceased Yengappa Nanumanta Reddy for compensation amounting to Rs. 50,000/ -.

(3.) This claim was opposed by the appellant claiming that the lorry itself was not in use when the accident took place. The driver of this lorry was not arrested and, therefore, the appellant claimed that he is not liable to pay any compensation. It appears that the claimant i. e respondent No. 1 had not made the Insurance Company a party to the claim application possibly because she had not been able to obtain particulars from the Regional transport Office regarding the Insurance Company of the vehicle in question. The appellant also did not bother to state in is written statement that the vehicle was insured.