NEW INDIA ASSURANCE CO LTD Vs. PRABHA AGRWAL

JUDGEMENT

(1.) THE present appeal has been filed by the Insurer of the offending motor vehicle which was involved in the accident which had taken place on 19.2.1989 wherein Bhagwati Prasad Agarwal had met his untimely death.

(2.) IT may be noticed that in the impugned award disposing of the claim petition filed by the defendants of the deceased, Bhagwati Prasad Agarwal under section 110A of the Motor Vehicles Act, 1939, the Insurer/appellant was found liable to pay the amount of compensation determined by the Motor Accidents Claims Tribunal, Gwalior and a joint and several liability was cast upon the owner, driver and the Insurer in respect thereof.

(3.) THE learned counsel for the appellant has tried to assail the quantum of compensation determined by the Tribunal to which the defendants of the deceased were found entitled to. It is, however, not disputed by the learned counsel for the appellant that no permission envisaged under section 110C(2A) of the aforesaid Act of 1939 had been obtained. In the impugned judgment and award of the Tribunal, it has been clearly held that nothing had been brought on record which could lead to an inference that there was a collusion between the person making the claim and the person against whom the claim was being made or the person against whom the claim had been made had failed to contest the claim.