ORIENTAL INSURANCE COMPANY LIMITED Vs. P HUSSAINAMMA

JUDGEMENT

(1.) The appellant-Insurance Company has filed this appeal against the judgment and decree in MVOP No. 518 of 1990 dated 6-7-1994 on the file of the I Additional District Judge-cum-Motor Vehicle Accident Claims Tribunal at Kumool.

(2.) The first respondent in this appeal is the claimant before the Tribunal. The 2nd respondent in this appeal is the owner of the offending vehicle bearing No. AEK 5659. The Tribunal, on consideration of the evidence, held that due to rash and negligent driving of the driver of the bus bearing No. AEK 5659 belonging to the 2nd respondent herein and insured with the appellant herein, the first respondent received injuries. The Tribunal, therefore, awarded a compensation of Rs. 41,200/- payable by the Insurance Company as well as the owner of the offending vehicle, jointly and severally.

(3.) The only ground raised by the appellant in this appeal is that the cheque issued by the owner of the offending vehicle was dishonoured, and therefore the policy was cancelled by issuing a covering note, and hence, the Insurance Company is not liable to pay the awarded compensation.