G. MUNIRATHNAM Vs. NATWARLAL ODHVAJI THAKKAR AND ANOTHER

JUDGEMENT

(1.) This is an injured-claimant 's appeal under Sec. 173 of the Motor Vehicles Act assailing the award dated 29.11.2002 passed in M.V.O.P. No. 263 of 1998 by the learned Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Chittoor.

(2.) I have heard the submissions of the learned counsel for the appellant/claimant and the learned counsel for the 2nd respondent-Oriental Insurance Company Limited.

(3.) The appeal against the 1st respondent/owner-cum-insured was dismissed for default on 28.11.2011. Even though the appeal was dismissed against the said respondent, the statutory liability of the insurance company survives for consideration. Similarly, since there is a contract, the contractual liability of the Insurance Company also survives. There is no need for the presence of the owner of the vehicle/1st respondent to decide the question of statutory liability as well as the contractual liability of the Insurance Company at the appellate stage in cases wherever the Tribunal had recorded a finding that the accident had taken place due to the rash and/or negligent driving of the driver of the motor vehicle and if the said finding is not challenged either by the owner of the vehicle or by the insurance company. The above view finds support from a judgment of a Division Bench of this Tribunal in Meka Chakra Rao Vs. Yelubandi Babu Rao @ Reddemma and others 2001(1) ALD 453 (DB).