UNITED INDIA INSURANCE CO LTD Vs. SUNNY DIAS

JUDGEMENT

(1.) This is an appeal by the Insurer against the judgment and award dated 17.7.2009 passed by the Presiding Officer, MACT, Margao in Claim Petition No.13/2008 holding the appellant jointly and severally liable with respondent no.2, who is the owner and rider of offending scooter bearing Registration No.GDJ-3088 in the motor vehicle accident. Respondent no.1 is the original claimant.

(2.) The appeal is preferred only on a limited ground by the appellant by contending that the offending scooter which was owned and driven by respondent no.2 was not insured with the appellant on the date of accident. It is contended that policy number given by the claimant is vague and incorrect. The appellant has, therefore, prayed for setting aside the impugned award, as against the appellant absolving it from any liability.

(3.) In cross-objection, respondent no.1 has challenged quantum of compensation, as according to him, it ought to have been Rs.1,31,400/-. However, the learned Presiding Officer of the Tribunal reduced the same to the extent of Rs.78,840/- though, there is sufficient material on record.