JAGJITSINGH Vs. SHASHIKANT RAMESH TAYDE AND ORS.

JUDGEMENT

(1.) In Motor Accident Claim Petition No.241 Of 2001 Filed Under Section 166 of the Motor Vehicles Act, 1988, the respondent No.1 claimant is held entitled to compensation of Rs.3,81,000/ along with interest at the rate of 9% per annum from the date of the petition, i.e. 1092001, till its realization, after adjusting the amount already paid by the appellant towards nofault liability. The owner of the vehicle is before this Court challenging the decision of the Tribunal.

(2.) The Contentions Of Ms Umale, The Learned Counsel Appearing for the appellant, are that the appellant was not served with the notice of Claim Petition No.241 of 2001 and, therefore, he had no opportunity to contest the claim, that the earlier Claim Petition No.67 of 1993 filed by the respondent No.1claimant was dismissed in default on 631995 and, therefore, the second Claim Petition No.241 of 2001 was not maintainable for the same relief, and that the vehicle was insured with the respondent No.2National Insurance Company Ltd., which should have been held liable for payment of compensation.

(3.) The Points For Determination In The Present Appeal Are As under : <p><table class = tablestyle width="90%" border="1" cellspacing="1" cellpadding="1" align="center" style="font-family:Verdana"> <tr> <td width="8%" valign="top"><div align="center"><strong>Sr.No.</strong></div></td> <td width="71%"><div align="center"><strong>Points</strong></div></td> <td width="21%" valign="top"><div align="center"><strong>Findings</strong></div></td> </tr> <tr> <td valign="top"><div align="center">1.</div></td> <td><div align="justify">Whether the appellant, the owner of the vehicle, i.e. Truck bearing registration No.AP9 T/2175, was duly served with the notice of Claim Petition No.241 of 2001 </div></td> <td valign="top">In the affirmative.</td> </tr> <tr> <td valign="top"><div align="center">2.</div></td> <td><div align="justify">Whether the second Claim Petition No.241 of 2001, was maintainable, particularly when the earlier Claim Petition No.67 of 1993 filed for the same relief, was dismissed in default on 631995 </div></td> <td valign="top">In the affirmative.</td> </tr> <tr> <td valign="top"><div align="center">3.</div></td> <td><div align="justify">Whether the respondent No.2National Insurance Company Ltd. can be held liable to pay the amount of compensation </div></td> <td valign="top">In the negative.</td> </tr> </table>