LAWS(P&H)-2013-9-912

CHAUDHARY COOPERATIVE TRANSPORT SOCIETY NAGLA RODAN Vs. NATIONAL INSURANCE COMPANY LIMITED, KARNAL AND OTHERS

Decided On September 18, 2013
CHAUDHARY COOPERATIVE TRANSPORT SOCIETY NAGLA RODAN Appellant
V/S
NATIONAL INSURANCE COMPANY LIMITED, KARNAL AND OTHERS Respondents

JUDGEMENT

(1.) Owner of the offending bus involved in accident (respondent no. 2 before Motor Accident Claims Tribunal-Tribunal) has filed this revision petition under Article 227 of the Constitution of India impugning order dated 9.9.2010 (Annexure P/7 although wrongly mentioned as Annexure P/5 in the revision petition) and order dated 14.9.2010 Annexure P/9 passed by the Tribunal.

(2.) Proforma respondent no. 3 claimant filed claim petition under section 166 of the Motor Vehicles Act, 1988 impleading proforma respondent no. 2 Raj Kumar as respondent no. 1 (driver of the offending bus), petitioner as owner of the offending bus (respondent no. 2) and respondent no. 1 Insurance Company as insurer of the offending bus (respondent no. 3), claiming compensation for damage to car of the claimant caused in the accident.

(3.) Learned Tribunal vide award dated 3.1.2009 Annexure P/1 awarded compensation of Rs. 2,45,000/- with interest. Liability of the insurer was restricted to Rs. 6000/- with proportionate interest. However, liability of owner and driver of the bus was held to be joint and several for the balance amount with interest.