ORIENTAL INSURANCE CO LTD Vs. PINJARY HUSSAINAMMA

JUDGEMENT

(1.) The appellant insurance company has filed this appeal against the judgment and decree in M.V.O.P. No. 518 of 1990 dated 6.7.1994 on the file of the 1st Additional District Judge-cum-Motor Accidents Claims Tribunal at Kurnool,

(2.) The respondent No. 1 in this appeal is the claimant before the Tribunal. The respondent No. 2 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 respondent No. 2 herein and insured with the appellant herein, the respondent No. 1 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.