NEW INDIA ASSURANCE CO LTD Vs. SAKALI RAJANNA

JUDGEMENT

(1.) This appeal is 'filed by the New India Assurance Company Limited which was the second respondent before the learned Tribunal below against the order dated 06.08.1997 passed by the Motor Accidents Claims Tribunal-cum-District Judge, Adilabad in O.P.No.245 of 1996. I have heard the learned counsel appearing for the appellant/Insurance Company. There is no representation for the respondents.

(2.) One Sakali Rajanna, an injured in the motor vehicle accident occurred on 25.04.1996 at 0.30 hours near Sofinagar Dargah at Nirmal town filed claim petition before the Tribunal below under Section 166 of the Motor Vehicles Act seeking compensation of Rs.50,000/- against which after making an enquiry, the learned Tribunal awarded compensation of Rs. 10,000/- together with interest at 15% per annum from the date of the petition till realisation. The learned Tribunal accepted the contention of the claimant that the accident occurred due to the rash and negligent driving of the jeep bearing No. ABG-T-3695 and held that the first respondent who is the owner of the said vehicle and the appellant-insurance company with which the said vehicle was allegedly insured on the date of the accident are jointly and severally liable to pay compensation to the claimant.

(3.) Challenge to the award by the insurance company is on the ground that the offending vehicle viz. jeep bearing No. ABG-T-3695 was not at all insured with it at material time and therefore, the learned Tribunal erroneously fastened the liability to pay compensation on it.