ORIENTAL INSURANCE COMPANY LIMITED Vs. SHAIK ALIA BAKASH

JUDGEMENT

(1.) AGGRIEVED by the award dated 16.04.2008 in M.V.O.P. No. 425 of 2005 passed by the Chairman, Motor Accidents Claims Tribunal -cum -Principal District Judge, Kadapa (for short "the Tribunal"), the 2nd respondent/Oriental Insurance Company Limited preferred the instant M.A.C.M.A.

(2.) THE appellant/Insurance Company is the 2nd respondent in the O.P.; 1st respondent in the appeal is the claimant in the O.P. 2nd respondent in the appeal is the 1st respondent in the O.P and 3rd respondent/A.P.S.R.T.C. in the appeal is the 3rd respondent in the O.P.

(3.) IN the grounds of appeal the appellant impugned the award of the tribunal in fixing the liability on the insurance company. It contended that in view of the judgment of Apex Court rendered in the case of Rajasthan State Road Transport Corporation vs. Kailash Nath Kothari : AIR 1997 SC 3444 : 1997 ACJ 1148, the Tribunal ought to have fixed the responsibility on the A.P.S.R.T.C.