NEW INDIA ASSURANCE CO LTD Vs. BHAGABAN BHUYAN

JUDGEMENT

(1.) THIS appeal is by the New India Assurance Co. Ltd. (described hereinafter as the 'insurer') challenging the award passed by the Third Motor Accidents Claims Tribunal, Puri (in short the 'Tribunal').

(2.) THE background in which this appeal has come before this court may be stated as follows:

(3.) THE learned counsel for the appellant challenges the judgment on the ground that the same is the outcome of non -application of mind, perverse, there being no material before the Tribunal to assess the nature of injury, if any, sustained and therefore the high amount awarded is not justified. He has referred to certain conclusions of the Tribunal relating to absence of evidence relating to the injuries and unsatisfactory nature of evidence adduced by the claimant in support of the claim. The learned counsel for the claimant, however, submits that the owner of the vehicle having participated in the proceeding, it is not open to the insurer to assail the judgment.