UNITED INDIA INSURANCE CO LTD Vs. ADEPU VENKATESWARLU

JUDGEMENT

(1.) United India Insurance Co. Ltd. is the appellant in this appeal which was filed against the judgment and decree in O.P. No. 52 of 1989 on the file of Motor Accidents Claims Tribunal, Warangal dated 20.7.92 wherein the Tribunal awarded an amount of Rs. 15,200 towards compensation and directed the respondent Nos. 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: The petitioner with someone was going on motor cycle Hero Honda bearing No. ATO 8488 towards Thorrur on the extreme left side of the road on 11.11.1988 at about 9.45 a.m. They observed a lorry bearing No. ADT 6069 coming in opposite direction from Thorrur to Khammam in rash and negligent manner with high speed and dashed the motor cycle as a result of which both of them fell down and sustained injuries. Therefore, they have filed a claim petition claiming compensation of Rs. 50,000 for the injuries sustained by them.

(3.) The Tribunal has examined PWs 1 to 5 and RW 1 on behalf of the respondent No. 2 and marked Exhs. A-1, B-1 to B-5 and Exh. XI and after evaluating both oral and documentary evidence it held that the accident has occurred due to the rashness and negligence of the lorry driver and directed the respondent Nos. 1 and 2 to pay the compensation.