NATIONAL INSURANCE COMPANY LIMITED Vs. SANTOSH

JUDGEMENT

(1.) By this appeal filed under Section 173 of the Motor Vehicles Act, the appellant-Insurance Company has assailed the award of claim granted by the Motor Accident Claims Tribunal to the respondent in a petition filed by the respondent under Section 166 of the Motor Vehicle Act claiming compensation in an accident allegedly held on 29.01.2004 with a motor cycle bearing No.MP-11-BC-0452 in which the respondent sustained fracture in his left leg as well as the injuries on other part of the body.

(2.) According to the allegations, the respondent who suffered permanent disability, the appellant was made a party in that petition as insurer of the vehicle. The owner and driver did not contest the proceedings and were proceeded ex-parte. However, the claim was contested by the appellant. 2

(3.) The Motor Accident Claims Tribunal awarded a sum of Rs.1,20,000/- in favour of the respondent and against the appellant as well as respondents no.1 and 2, who were arrayed as party in that accident claim because the liability was fixed jointly and severally. However, the award was met by the appellant the insurer of the offending vehicle. Even though the accident is dated 29.01.2004, the claim was filed by the respondent on 16.11.2004, i.e. after a period of 11 months. In the accident claim petition, the - number of the offending vehicle was not mentioned. Infact theparticulars of the FIR was also not mentioned.