NEW INDIA ASSURANCE CO LTD Vs. ISMAIL KHAN

JUDGEMENT

(1.) THESE two matters are filed by the New India assurance Company Limited against two separate awards passed by the Motor accidents Claims Tribunal-cum-District Judge, adilabad. As the O. Ps came to be filed in respect of the same accident, it is necessary to dispose of these matters by a common order.

(2.) ISMAIL Khan and Abdul Basheer boarded a lorry bearing No. AP IT 3555 to go to Adilabad with compost fertilizers. They were labourers engaged to unload the fertilizers. In the outskirts of Mavala Village a tractor and trailor bearing No. AP IT 728/ 730 came in the opposite direction and dashed against the lorry. Both of them received injuries. Abdul basher filed OP No. 378 of 1999 (first OP) claiming Rs. 50,000/-, and ismail Khan filed OP No. 379 of 1999 (second OP) claiming a similar amount. In the first OP learned Tribunal awarded rs. 9,000/- as compensation and in the second op learned Tribunal awarded Rs. 14,000/ -. Aggrieved by these awards the present appeal and revision are filed.

(3.) IT is mainly contended that the tractor trailer was not insured with the appellant and there was no proper identity of the vehicle, in the absence of any such identity of the offending vehicle which caused accident, insurance company cannot be made liable.