ISMAIL HAJI HAJIMSAHEB Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This petition challenges the order passed by the Member, Motor Accident Claims Tribunal, Sangli on 23.8.1993. By this order, the Tribunal has allowed the application filed under section 144 r/w section 151 of the Civil Procedure Code by the insurance company ie., the respondent No. 1 herein.

(2.) The petitioner was the owner of a truck which was involved in the accident. The truck was being driven by respondent No. 2 at that point of time. One person died as a result of the accident. The heirs preferred an application under the Motor Vehicles Act, 1939 claiming compensation for the death of their relative on account of the accident. An application under section 92-A of the Motor Vehicles Act, 1939 was also filed claiming compensation of Rs. 15000/- as 'no fault liability'.

(3.) This application was granted by the Tribunal on 23.2.1984. The insurance company therefore paid the no fault liability to the heirs of the deceased together with the interest as awarded by the Tribunal. The claim application was then heard and on 17.2.1986, the Tribunal held that the claimants were entitled to an amount of Rs. 26,000/- from the driver i.e. respondent No. 2 herein. The Tribunal absolved both the petitioner owner as well as the insurance company from any liability in respect of the accident as it held that the deceased was travelling in the truck without the owner's knowledge and because the driver had permitted him to do so.