NEW INDIA ASSURANCE CO LTD Vs. DARRYL WELCOME

JUDGEMENT

(1.) The insurer-3rd respondent in O.P. No.45/87 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Visakhapatnam preferred this appeal.

(2.) Romana Welcome, aged about 12 years, studying 7th standard died on 28-8-86 in a motor vehicle accident caused due to actionable negligence of the bus ADJ 9522. The father of the deceased filed the above claim petition claiming a total compensation of Rs.15,000/- from the driver, owner and insurer of the bus ADJ 9522. Driver and owner remained absent and the matter was proceeded ex-parte. The insurer resisted the claim by filing a counter pleading that the vehicle was not insured with them and they are not liable to pay any compensation. The tribunal, after considering the evidence on record, found that the vehicle was insured with the insurer and awarded a compensation of Rs.15,000/- against the driver, owner and insurer with joint and several liability.

(3.) Learned Counsel for the appellant assails the finding of the tribunal with regard to insurance of the bus with the appellant. The claimant marked Ex.A-3, a certified copy of Motor Vehicle Inspector's report. It shows that the accident vehicle was inspected by the Motor Vehicle Inspector immediately after the accident and submitted the original of Ex.A-3. Ex.A-3 is a proforma prescribed under the rules to be filled up by the Motor Vehicle Inspector. Column (15) of Ex.A-3 relates to date of expiry of insurance, name and address of the company with the policy numbers and certificates. As against this column, the Motor Vehicle Inspector noted: