NEW INDIA ASSURANCE COMPANY LTD. Vs. SITAL SARKAR

JUDGEMENT

(1.) As per office report, notice on behalf of Sri Sankar Poddar, the respondent No. 2 (the owner of the vehicle), stands served. Despite service, he has chosen not to enter appearance and as such, the matter will proceed ex-parte.

(2.) The short point involved in the present appeal is, as to whether the tribunal was right in fastening the liability upon the insurer or not.

(3.) Having heard learned counsel appearing for the parties as also perused the records, this Court is of the considered view that the tribunal committed a grave error in not appreciating the materials placed on record by the insurer. The liability to pay a sum of Rs.1,00,000.00 along with interest stands fastened upon the insurer.