ORIENTAL INSURANCE CO LIMITED Vs. DULIPUDI SREENIVAS

JUDGEMENT

(1.) The Oriental Insurance Company is the appellant challenging the award made by the Claims Tribunal awarding a sum of Rs. 1,00,000/- towards compensation to the inju red-claimant.

(2.) The brief facts of the case necessary to dispose of this appeal may be stated thus: On 4-8-1995 one Dulipudi Sreenivas, working as Assistant Mechanic of Tractors met with an accident while he was returning from Kankatava village on the scooter of the 2nd respondent herein bearing No. AIW 3948 as pillion rider. When the scooter reached near Krishnaveni Convent at Machilipatnam- Vijayawada road, the 2nd respondent drove the scooter in a rash and negligent manner and on account of ashe-buffalo coming across the road, the scooter fell down as the 2nd respondent could not control the scooter. As a result, the 1st respondent -claimant sustained injuries and he was immediately shifted to a local doctor and later to Nizams Institute of Medical Sciences (NIMS) on 7-8-1995 where his left leg was operated and amputated and the disability suffered by the petitioner was to the extent of 60%. Hence, he laid a claim petition seeking compensation of Rs. 1,00,000/- in M.V.O.P.No. 276 of 1997 on the file of the I Additional District Judge, Krishna.

(3.) Before the lower Court, the 2nd respondent herein was called absent and was set ex-parte. The appellant-Insurance Company examined an employee of the Insurance Company as R.W. 1 and Ex. B-1 was got marked. Basing on the evidence available on record and considering the facts and circumstances of the case, the lower Court awarded a sum of Rs. 1,00,000/- towards compensation as claimed by the claimant. Aggrieved by the same, the present appeal is preferred by the Insurance Company contending that it is not liable to pay the compensation inasmuch as there is no privity of contract between the Insurance Company and the injured-claimant, who was a pillion rider on the scooter insured with it.