ORIENTAL INSURANCE CO LTD Vs. MOHD ABDUL QUAADIR

JUDGEMENT

(1.) This appeal by the insurance company arises out of the order dated 13.8.1992 in O.P. No. 841 of 1989 on the file of the Motor Accidents Claims Tribunal-cum-Additional Chief Judge, City Civil Court, Hyderabad (Temp).

(2.) The respondent No. 2 herein filed the O.P. seeking compensation for the injuries received by her in an accident that occurred on 12.5.1989 at about 8.15 p.m., caused due to rash and negligent driving of the driver of the scooter bearing No. ADU 9578 belonging to respondent No. 1 herein and allegedly insured with the appellant. The respondent No. 1 remained ex parte. The appellant insurance company filed its counter denying insurance of the offending vehicle with it and putting the injured, respondent No. 2, to proof of the allegations in the petition.

(3.) In support of the case of the respondent No. 2, two witnesses were examined and the F.I.R. and the discharge and follow up card relating to the respondent No. 2 were marked as Exhs. P-1 and P-2. The Tribunal passed an award for Rs. 23,000 in favour of the respondent No. 2 against the appellant and the respondent No. 1. Aggrieved by the award passed against it, the appellant insurance company preferred this appeal.