FRANCIS FERNANDES Vs. ROSHNI DSILVA

JUDGEMENT

(1.) APPELLANT by this First Appeal is challenging the judgment and award dated 3.5.2007 passed by Presiding Officer, Motor Accident Claims Tribunal for the Taluka of Salcete at Margao in Claim Petition No. 296/2001. By the said judgment and award, respondent no.1's Claim Petition was partly allowed holding that appellant and respondent no.2 jointly and severally liable to pay compensation in sum of Rs.28,20,600/ - to respondent no.1 alongwith the interest at the rate of 9% per annum from the date of application till the date of the award and further interest at the same rate till payment.

(2.) LEARNED Counsel for respondent no.1, at the outset challenged maintainability of the above First Appeal at the instance of the appellant who is the owner of the vehicle involved in the accident are held liable jointly alongwith respondent no.2 to pay compensation to respondent no.1. Learned counsel tenders proceedings of Execution Application No. 9/2008 filed by respondent no.1 and submits that the impugned judgment and award is satisfied as respondent no.2/insurance company has deposited an amount under impugned judgment and award and same is withdrawn by respondent no.1. Learned counsel in support of his contention relies upon the decision of Kerala High Court in Wilson Vs. Lalitha Bai Amma, and Supreme Court decision in case of Narendra Kumar and another Vs. Yarenissa and others in Civil Appeal No. 67640 of 1996. Learned counsel for the appellant on the contrary submitted that since under the impugned judgment and award appellant as well as respondent no. 2 are held jointly and severally liable, appeal is maintainable. He also relied upon decision of Narendra Kumar.

(3.) HAVING considered the rival submissions and having gone through the ratio of the decisions cited at bar, I find merit in the respondent no.1's objection about maintainability of the above appeal.