ORIENTAL INSURANCE CO LTD Vs. LAXMANNA DIED

JUDGEMENT

(1.) The Insurer is the appellant. First respondent-claimant filed a claim petition claiming compensation of Rs.1,00,000/- for the injuries sustained by him in a motor accident that occurred on account of rash and negligent driving of the driver of the tractor owned by sixth respondent herein. During the pendency of claim petition, the first respondent-claimant since died, Respondents 2 to 5 have been impleaded as the legal heirs. Under the impugned judgment, dated 18-6-1998 in O.P. No.14 of 1992 on the file of the Motor Accident Claims Tribunal, Hindupur, at the culmination of the enquiry, allowed claim of the claimant for a sum of Rs.1,00,000/- and directed that the amount shall be paid with interest at 15% per annum from the date of petition till realization by the first respondent-insurer, the present appellant. Having been aggrieved by the said judgment, the insurer has now filed the present appeal assailing the same.

(2.) The main thrust of the contention of the appellant seems to be that the insurer is not liable, inasmuch as the trailer on which the deceased and others found to be travelling on the fateful day, had not been insured with the insurer.

(3.) The Respondents 1 to 5 seek to contend that the tractor having been admittedly insured with the appellant, notwithstanding the fact that the trailer attached to the tractor has not been separately insured, the insurance company is liable.