SURESH CHAND AWASTHI Vs. AJESH KUMAR CHOUBEY

JUDGEMENT

(1.) This miscellaneous appeal is directed against the award dated 20.7.1998 in M.V.C. No. 254 of 1994 by XII Additional Motor Accidents Claims Tribunal, Jabalpur.

(2.) Indisputably, a petition was filed under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) by the respondent No. 1, the claimant, claiming compensation on account of injuries sustained by him in an accident by truck No. MBJ 887 on 10.12.1991. It is also not in dispute that the appellant is the owner of the said truck, while it was driven by respondent No. 2. It was averred by the claimant that the truck was insured at the relevant time by respondent No. 3, New India Assurance Co. Ltd., Jabalpur. The insurance policy, Exh. NA3-4, indisputably has been issued by the respondent No. 3 for the period from 10.12.1991 to 9.12.1992.

(3.) The learned Tribunal held that the accident as above occurred on 10.12.1991 at about 12.00 noon due to which the claimant-respondent No. 1 herein sustained injuries. An award of Rs. 25,000 with interest, therefore, was granted and it was held that the appellant owner and the respondent No. 2 driver of the truck were jointly and severally liable to pay the said amount. However, it was held by the learned Tribunal that at the time the accident took place, the truck causing the accident was not insured and, therefore, the respondent No. 3, the insurance company was absolved from the liability of payment of the amount of award.