BIJERAM Vs. MANGUDAS

JUDGEMENT

(1.) The appellant, owner of the offending vehicle, has directed this appeal under section 173 of Motor Vehicles Act, against the award dated 1.9.1997 passed by M.A.C.T., Mandsaur in M.A.C.C. Case No. 33 of 1997 thereby exonerating the respondent No. 3 insurance company from the liability of payment of compensation as awarded in favour of respondent No. 1 (claimant).

(2.) For the purpose of disposal of this appeal, facts in brief are, that a case for grant of compensation was filed before the Tribunal by the claimant-respondent No. 1 against the present appellant who was indicated as owner of the offending vehicle; respondent No. 2 driving the vehicle at the time of alleged accident and the respondent No. 3, the insurance company with whom the alleged tractor was insured.

(3.) It is not in dispute that the alleged accident occurred at 4 p.m. on 2.12.1992, the learned Tribunal allowed the petition filed on behalf of the claimant and awarded compensation of Rs. 72,000 together with the interest at the rate of 12 per cent per annum in favour of the claimant payable by appellant and respondent No, 2.The insurance company was exonerated from the liability of payment of awarded amount mainly on the ground that as per case of the insurance company the time of commencing of policy was mentioned in the policy and according to the insurance policy, it commenced from 5.30 p.m. on 2.12.1992.