NEW INDIA ASSURANCE CO LTD Vs. HUKALI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dt. 15.11.1995 passed by learned Motor Accident Claims Tribunal No. 2, Udaipur (hereinafter referred to as 'the Tribunal'), whereby the Tribunal awarded compensation of Rs. 3,60,000/ - in favour of respondents No. 1 to 7, who were claimants before the Tribunal (hereinafter referred to as 'the claimants'). This appeal has been filed by New India Assurance Company Ltd. (hereinafter referred to as 'the insurance company') by joining the owner of the vehicle involved in the accident as appellant.

(2.) I have heard learned Counsel for the parties. Perused the judgment and award impugned and also the record of the Tribunal.

(3.) IT was further held by their Lordships that if none of the conditions as contained in Sub -section (2) of Section 149 of the Motor Vehicles Act exists for the insurer to avoid the policy of insurance, it is legally bound to satisfy the award. It cannot be a person aggrieved by the award. In that case, insurer will be barred from filing any appeal against the award of the Claims Tribunal.