V RAJA REDDY Vs. T VENKATA SUBBARAO

JUDGEMENT

(1.) THIS appeal is filed by the injured claimant challenging the order, dated 14.08.1997 passed by the Motor Accident Claims Trifbunal-cum-IV Additional District Judge, Chittoor at Tirupathi in M.V.O.P.No.251 of 1993.

(2.) I have heard the learned counsel appearing for the appellant-claimant and the learned counsel appearing for the respondent No.2-insurance company.

(3.) IT is the contention of the learned counsel appearing for the appellant that since there is a finding by the learned Tribunal that the accident was caused due to rash and negligent driving of the lorry bearing No. AP 37 T 1679 by its driver and the said fact cannot be disputed by the insurance company in this appeal, it is no longer open for the insurance company to contend that unless the liability is fixed on the owner of the offending vehicle, it cannot be asked to indemnify the owner. In support of his contention reliance is placed on A.ROBERT v UNITED INSURANCE COM. LTD1 wherein the Hon'ble Supreme Court in a situation where initially an award was passed by the Tribunal in favour of the claimant and against the owner and the insurer and thereafter in an appeal filed by the claimants seeking enhancement of compensation and the owner of the lorry was not added as party to the appeal, held that the question of negligence of the lorry driver is no longer open for consideration in the appeal by the claimant and the Insurance Company also cannot have anything to say on this aspect. Therefore, proceeding on the basis that the accident was caused by rash and negligent driving of the driver of the offending lorry, the Apex Court was of the view the only question to be determined is as to what is the appropriate compensation which could be awarded to the appellant and the insurance company is liable to pay compensation.