UNITED INDIA INSURANCE CO LTD Vs. ADEPU VENKATESWARLU

JUDGEMENT

(1.) The United India Insurance Company Limited is the appellant in this appeal which was filed against the judgment and decree in OP No.52 of 1989 on the file of Motor Accidents Claims Tribunal, Warangal dated 20-7-1992 wherein the Tribunal awarded an amount of Rs. 15,200.00 towards compensation and directed the respondents 1 and 2 that is the owner of the vehicle and the Insurance Company to pay compensation jointly and severally. Aggrieved thereby this appeal was filed alleging that the vehicle was not covered by the Insurance policy as the insured has not paid the premium of the Insurance Policy. Therefore, the company is not liable to pay the compensation. It is the owner of the vehicle that is liable to pay the compensation.

(2.) To appreciate the contentions of the Counsel for the appellant it is better to have few facts of the case. They are as follows:

(3.) The Tribunal has examined PWs.1 to 5 and RW1 on behalf of the respondent No.2 and marked Exs. Al, Exs. BI to B5 and Ex. XI and after evaluating both oral and documentary evidence it held that the accident has occurred due to the rash and negligence of the lorry driver and directed the respondents 1 and 2 to pay the compensation.