NEW INDIA ASSURANCE CO LTD Vs. SHAIK MOULALI

JUDGEMENT

(1.) The petitioner is resident of a village by name Krishnapuram, Atmakur Mandal of Kurnool District. On 15.02.1995 he met with an accident. It is his case that a jeep bearing No. ANM 8268 hit him from behind when he was walking on the left side of the road after crossing 3 kms. from Bairlooti stage. He was treated as an inpatient in Government General Hospital at Kurnool and the injuries sustained by him are said to have caused permanent disability. The 1st respondent filed O.P.No.269 of 1995 before the Motor Accident Claims Tribunal -cum-IV Additional District Judge, Kurnool, claiming a compensation of Rs.1,00,000/- against the owner of the vehicle-the 2nd respondent herein and the Insurance Company-the appellant. 1st respondent examined himself as P.W.1 and marked Exs.A.1 to A.6. The owner of the vehicle namely the 2nd respondent remained exparte. The appellant contested the O.P. and filed Ex.B.1. The Tribunal, through its judgment dated 31.07.2000 held that the accident took place on account of rash and negligent driving of the driver of the vehicle and awarded a compensation of Rs.21,500/- The respondents were held jointly and severally liable to pay the compensation. This Civil Miscellaneous Petition is filed against the judgment of the Tribunal.

(2.) Sri Kota Subbarao, learned counsel for the appellant submits that the policy particulars that were furnished by the 1st respondent in his claim petition related to a different vehicle namely motor cycle. According to him, this policy being Ex.B.1 was in force from 19.05.1993 to 18.05.1994, whereas the accident has taken place on 15.02.1995. He submits that in the absence of any policy in relation to the accident vehicle that too for the relevant period, there did not exist any basis for the Tribunal to hold the appellant liable to pay any compensation.

(3.) Sri K.Rathangapani Reddy, learned counsel for the 1st respondent, on the other hand, submits that the petitioner has placed before the Tribunal Ex.A.5 which is a receipt issued by the appellant to the 2nd respondent in respect of the same vehicle, namely ANM 8268 and that it was sufficient to hold that the appellant is liable to pay the amount.