UNITED INDIA INSURANCE CO LTD Vs. C GOVERDHAN

JUDGEMENT

(1.) First respondent initially filed claim petition under Section 166 of Motor Vehicles Act 1988 showing the State Bank of India represented by its Branch Manager, Naidupet, appellant, S. Ravindranath, and another Branch Manager of the appellant as respondents, seeking compensation of Rs.50,000/- alleging that due to the rash and negligent driving of the driver of the jeep in which he was travelling, that jeep dashed against a lorry belonging to Ravindranath which was insured with the appellant, at Palamaneru. Subsequently he added the second respondent as the owner of the jeep on the ground that he purchased the jeep from the State Bank of India before the date of accident.

(2.) In support of his claim, first respondent examined himself as P.W. 1 and marked Exs.Al to A4. State Bank of India, second respondent and Ravindranath chose to remain ex parte. On behalf of the appellant a counter was filed, inter alia contending that inasmuch as the first respondent was travelling in the jeep, which was insured only for third party risk, it is not liable to pay any compensation, and examined one witness as R. W.1 and marked a copy of the insurance policy as Ex.B1 on its behalf. The Tribunal held that the first respondent is entitled to Rs.27,000/- as compensation for the injuries suffered by him in the accident from the second respondent and the appellant. Aggrieved by the said award, the appellant insurer preferred this appeal.

(3.) The point for consideration in this appeal is "Whether the appellant is liable to pay compensation to the first respondent ?"