UNITED INDIA INSURANCE CO LTD Vs. SAHANAZ KHATOON

JUDGEMENT

(1.) HEARD Sri Durgesh Kumar Singh, the learned counsel on behalf of the appellant (United India Insurance Company Ltd.) and Mr. Anil Jaiswal, the learned counsel on behalf of the respondent (owner and driver of the vehicle in question) in the admission matter under Order XLI, Rule 11 of the Code of Civil Procedure.

(2.) WITH consent of the parties, this Misc. Appeal is disposed off after hearing the appellant at the admission stage itself.

(3.) THE learned counsel appearing on behalf of the appellant raised a short question relating to the liability of the Insurance Company only. THE learned counsel for the appellant submitted that by amendment in the year, 1994, the liability of the Insurance Company was extended only to the owner and/or the representative of the owner of goods in vehicle only and earlier to that the liability was for the driver and Khalasi only. THE learned Counsel further submitted that this aspect of the matter was not considered by the Motor Vehicle Accident Claims Tribunal who passed the judgment and order directing the Insurance Company to pay the compensation.