NATIONAL INSURANCE COMPANY LTD Vs. B RAMAGOUD

JUDGEMENT

(1.) Since both these appeals arise out of O.P.31 of 1991 on the file of the Court of Motor Accidents Claims Tribunal-cum-District Judge, Adilabad, they are being disposed of by a common judgment.

(2.) For the sake of convenience, the parties would be referred to as they are arrayed before the Tribunal.

(3.) Claimant filed claim petition seeking compensation of Rs.2,50,000/- from the respondents alleging that, when he was proceeding as a pillion on the scooter bearing No. AAI 3345, belonging to the second respondent, being driven by the third respondent, and under a hire purchase agreement with fourth respondent and insured with the fifth respondent, a motor cycle bearing No. ABJ 770 belonging to and being driven by the sixth respondent and insured with the seventh respondent came at speed and in a rash and negligent manner from opposite direction of the scooter and dashed against the scooter on which he was proceeding resulting in injuries and consequent amputation of his right leg. First respondent filed a counter contending that since the scooter was insured, the insurer is liable to pay the compensation payable to the claimant.Respondents 2 and 3 chose to remain exparte. Fourth, Seventh respondent and fifth respondents filed counters putting the claimant to proof of the allegations in the petition.Sixth respondent who appeared through a counsel, did not choose to file a counter. In support of his case, claimant examined himself as P.W.1 and marked exhibits A1 to A12. No evidence either oral or documentary was adduced on behalf of the respondents 1, 4 to 6. On behalf of seventh respondent, its Branch Manager was examined as R.W.1, but no documentary evidence was adduced on its behalf. The Tribunal held that the accident occurred due to the rash and negligent driving of the motor cycle by the first respondent and that the claimant is entitled to Rs.4,03,800/- as compensation for the injuries sustained by him, but since he claimed Rs.2,50,000/- only, it passed an award for Rs.2,50,000/-in favour of the appellant against respondents 1,6 and 7. Dissatisfied with the compensation awarded to him, claimant preferred C.M.A. No. 1409of 1996 and aggrieved by the compensation awarded to the claimant, the seventh respondent preferred C.M.A. No. 1586 of 1994. The point that arise for consideration is that whether the appeals are maintainable ?