ORIENTAL INSURANCE CO LIMITED Vs. SUBHASH SADASHIV KULKARNI

JUDGEMENT

(1.) This Appeal was admitted on 23rd July, 2007. When Civil Application No.401 of 2008 filed by the 1st respondent was on board, by consent of the parties, the Appeal was taken up for final disposal. Accordingly, the Appeal was finally heard on 22nd February, 2008 and today the Appeal is kept for dictation of the Judgment.

(2.) The Appeal is preferred by the appellant-Insurer taking an exception to the Judgment and Award dated 31st October, 2006 passed by the learned Member of the Motor Accident Claims Tribunal, Pune in a claim petition filed by the 1st respondent. The claim petition was filed under section 166 of the Motor Vehicles Act, 1988. The claim petition was filed by the 1st respondent claiming compensation on account of injuries sustained by him in a motor accident. The 1st respondent was driving his own Maruti van on 26th April, 2001. A bus insured with the appellant-Government gave a dash to the Maruti van, as a result, the 1st respondent sustained serious injuries. The learned Member of the Tribunal held that the driver of the bus was driving the bus in a rash and negligent manner which has caused the accident. The case made out by the appellant while defending the claim petition filed by the 1st respondent was that though a policy of insurance was issued against a cheque towards premium amount, the said cheque was dishonoured and, therefore, the appellant was not liable to pay the compensation. The Tribunal accepted the said case made out by the appellant. However, the Tribunal directed the appellant to pay the compensation amount and thereafter recover the same from the 2nd respondent without filing a separate suit.

(3.) The challenge to the Award in this Appeal is confined only to that direction of the Tribunal by which the appellant-company has been ordered to pay compensation and thereafter to recover the same from the insured.