ORIENTAL INSURANCE CO LTD Vs. SYED YUSUF

JUDGEMENT

(1.) The appellant is the insurer of vehicle bearing No.AEK-2989, a passenger bus, owned by the 3rd respondent The 1st respondent filed MAT.O.P.No.755 of 1994, before the Motor Accidents Claims Tribunal- cum-Additional District Judge, Khammam, stating that, on 05.02.1993, he undertook repairs to the said bus, and after effecting repairs, he boarded in that, to come back to Yellandu. It was pleaded that the 2nd respondent herein was driving the bus, and whem it reached the outskirts of Kamballapalli Village, it turned turtle, on account of rash and negligent driving on the part of the 2nd respondent. A sum of Rs.80,000/-, was claimed, as, compensation for the injuries; said to have been received by him.

(2.) The owner and driver of the bus remained ex partc. The O.P., was contested by the appellant alone. According to it, the 1st'( respondent was not a passenger, but was, himself, driving the vehicle. It was alleged that since the accident occurred on account of the rash and negligent driving on the part of the 1st respondent himself, he was not entitled to be paid any compensation, and since the 1st respondent did not hold valid licence, it was not under obligation to pay the compensation. Through its order dated 05.03.2004, the Tribunal awarded a sum of Rs.34,000/-, as compensation, and held that the appellant and the owner of the vehicle are jointly and severally liable to pay the same. The same is challenged in this CM.A.

(3.) Sri N.S.Bhaskar Rao, learned counsel for the appellant, submits that the Tribunal recorded'a specific finding to the effect that the bus, at the relevant point of time, was being driven by the 1st respondent himself, and since the accident occurred on account of rashness on his part, there was no justification, in awarding any compensation to him. He submits that the lst respondent does not answer the description of, 'owner', or the 'driver', even assuming that he is a driver, he ought to have presented a case under the provisions of the Workmen's Compensation Act, 1923 (for short "W.C. Act").