MAHENDRA SINGH Vs. KALIPAT MANDAL

JUDGEMENT

(1.) Counsel for the parties are heard. This is an appeal against the award dated 1.9.1998 passed by 1st Additional Motor Accidents Claims Tribunal, Ambikapur in M.V.C. No. 15 of 1989.

(2.) The learned Claims Tribunal has found the owner of the bus No. CPL 8004 liable to pay compensation to the respondent No. 1, Kalipat Mandal. The respondent No. 3, United India Insurance Co. Ltd. has been exonerated from its liability to pay compensation jointly and severally along with the appellant and the respondent No. 2, Balkishan, the driver of the vehicle.

(3.) In this appeal, it has been argued that the Claims Tribunal should have passed the award against the respondent No. 3 also, requiring it to pay compensation jointly and severally along with the appellant and the respondent No. 2 for the reason that the bus was insured and the policy was not produced by the respondent No. 3 in the court below. By order dated 7.5.99 this court had directed that the respondent No. 3 shall produce a copy of the policy in the suit in respect of the vehicle. Accordingly, the learned counsel for the respondent No. 3 has already produced the necessary copy and now it is not in dispute before this court that the vehicle No. CPL 8004 was actually insured with the respondent No. 3.