NAGINDAS Vs. NASIR ALI

JUDGEMENT

(1.) THE appellants/ claimants have preferred the aforesaid Letters Patent Appeals under Clause 10 of the Letters Patent, against the common order dated 31. 7. 1990 passed by the learned single Judge of this Court in Misc. Appeal No. 198 of 1988, thereby dismissing the Misc. Appeal Nos. 198 and 203 of 1988 and holding the respondent No. 3, National Insurance Co. Ltd. and the original registered owner of the auto-rickshaw, respondent No. 4 not liable to pay the compensation.

(2.) THE facts lie in a narrow compass that both the appellants filed separate claim petitions before the V Additional M. A. C. T. at Indore with regard to the injuries caused to them in the accident occurred on 20. 5. 1979 due to rash and negligent driving of the autorickshaw bearing registration No. MPF 8835. In the claim petitions, it was alleged that on the date of the accident, respondent No. 1, Nasir Ali was the owner of the autorickshaw and respondent No. 4, Jagdeesh Kumar was the registered owner. Respondent No. 2, Vijay Kumar was the driver of the autorickshaw at the relevant time on behalf of respondent No. 1, Nasir Ali. The autorickshaw was insured with respondent No. 3, insurance company. The claim petitions were resisted by all the respondents. The contention of respondent No. 4 is that the autorickshaw was transferred by him to the respondent No. 1 much prior to the alleged accident. Therefore, he is not liable to pay any compensation. The respondent No. 3 in its written statement, alleged that the insurance policy was issued in the name of Jagdeesh Kumar but as the autorickshaw was transferred to Nasir Ali, respondent No. 1 without any intimation to the insurance company, the insurance company is not liable to indemnify the respondent No. 1. The other respondents also resisted the claim petition on various grounds.

(3.) THE Tribunal on appreciation of the evidence adduced by the parties allowed the claim applications filed on behalf of the appellants and passed the award of Rs. 7,720/- in favour of the appellant Meerabai and award of Rs. 8,556/- in favour of the appellant Nagindas with interest at the rate of 12 per cent per annum from the date of filing of claim petition till realisation of the amount. The Tribunal also held that only respondent Nos. 1 and 2 are liable to pay the compensation whereas the respondent Nos. 3 and 4 are exonerated from the liability of payment of compensation. Aggrieved by the award of the Tribunal, both the appellants preferred the appeal before this Court.