NEW INDIA ASSURANCE CO LTD Vs. NASIR HUSSAIN

JUDGEMENT

(1.) THIS letters patent appeal under Clause 10 of the Letters Patent is directed against the order and judgment dated 30. 10. 1990 rendered by the learned single Judge of this Court in Misc. Appeal No. 163 of 1988, thereby awarding the compensation in favour of the respondent Nos. 3 and 4, claimants, of Rs. 36,500/- along with interest at the rate of 12 per cent per annum from the date of filing of the claim petition till realisation of the amount. Learned single Judge held the appellant insurance company jointly and severally liable to pay the compensation along with the respondent Nos. 1 and 2, owner and driver of the vehicle.

(2.) THE facts in brief are that on 7. 1. 1986 at about 12. 15 p. m. Abhaykumar, aged 10 years, was going with his class mates from his school at the playground for attending some function. At the relevant time, a bus bearing registration No. MPF 7789, owned by the respondent No. 1, being driven by the respondent No. 2, rashly and negligently, hit the said Abhay kumar, resulting in his death. The claim petition was filed by respondent Nos. 2 and 3, parents of the deceased, before the Tribunal. The claim petition was dismissed on the ground that it was not proved that the vehicle was driven by respondent No. 2 at the relevant time. Aggrieved by the award of the Tribunal, respondent Nos. 3 and 4 preferred the appeal before this Court. The learned single Judge awarded the compensation in favour of the respondents as stated above. Aggrieved by the order of the learned single Judge, the insurance company has filed this letters patent appeal.

(3.) WE have heard Mr. Dandwate, the learned Counsel for the appellant. None appeared for the respondents.