NEW INDIA ASSURANCE CO LTD Vs. PALAMONI SURESH

JUDGEMENT

(1.) Order, dated 18-02-2010, passed by this Court, in MACMA. No. 339 of 2007, is the subject matter of this Review Petition.

(2.) The review petitioner - New India Assurance Company Limited filed the aforesaid MACMA against award, dated 06-11-2006, in MVOP.No.1665 of 2004, on the file of the Motor Accidents Claims Tribunal -cum-X Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, (for short 'the Tribunal'), whereby the Tribunal has fixed the joint and several liability on the review petitioner along with respondent No.2-owner of the vehicle for payment of Rs. 1,49,250/- along with interest @ 7.5% p.a., for the injuries sustained by respondent No.1 herein. Since the facts have already been set out in Order, dated 18-02-2010, passed by this Court, in the aforesaid MACMA, it is not necessary to repeat the same. It will suffice to note that respondent No.1 was travelling in the jeep, owned by respondent No.2 and insured with the review petitioner, from Bhongir to Raipole Village along with the driver of the jeep. In the course of journey, the driver hit the said jeep to a culvert causing injuries to respondent No.1. As the jeep was covered by insurance policy with the review petitioner, the Tribunal held that the review petitioner is jointly and severally liable for payment of compensation to respondent No.1 along with respondent No.2-owner of the jeep. While disposing of the MACMA, this Court has, on the interpretation of the provisions of Sections 146 and 147 of the Motor Vehicles Act, 1988 (for short 'the Act'), inter alia held as under:

(3.) On the premises as above, this Court treated respondent No.1 as the third party, whose risk is covered by the policy, and accordingly, declined to interfere with the award of the Tribunal.