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2009 DIGILAW 263 (AP)

New India Assurance Co. Ltd. v. Ismail Khan

2009-04-13

V.V.S.RAO

body2009
COMMON JUDGMENT :- These two matters are filed by the New India Assurance Company Limited against two separate awards passed by the Motor Accidents Claims Tribunal-cum-District Judge, Adilabad. As the O.Ps came to be filed in respect of the same accident', it is necessary to dispose of these matters by a common order. 2. Ismail Khan and Abdul Basheer boarded a lorry bearing No.AP 1T 3555 to go to Adilabad with compost fertilizers. They were labourers engaged to unload the fertilizers. In the outskirts of Mavala Village a tractor and trailor bearing No.AP 1T 728/730 came in the opposite direction and dashed against the lorry. Both of them received injuries. Abdul basher filed OP No.378 of 1999 (first OP) claiming Rs.50,000/-, and Ismail Khan filed OP No.379 of 1999 (second OP) claiming a similar amount. In the first OP learned Tribunal awarded Rs.9,000- as compensation and in the second OP learned Tribunal awarded Rs.14,000/-. Aggrieved by these awards the present appeal and revision are filed. 3. It is mainly contended that the tractor trailor was not insured with the appellant and there was no proper identity of the vehicle. In the absence of any such identity of the offending vehicle which caused accident, insurance company cannot be made liable. 4. As can be seen from the award the insurance company did not lead any evidence to prove the allegation that identity of the offendin3 tractor/trailor was not established. In the absence of any such evidence, learned Tribunal has to proceed on the basis of the First Information Report and charge-sheet which was marked as Exs.A1 and A2. In that view of the matter, these appeals are misconceived. Further as per Section 173(2) of the Motor Vehicles Act 1988, when the amount of compensation is less than Rs.10,000/- no appeal would lie. The Parliament has expressed its intention in categorical terms, and to circumvent the same, appellant-insurance company cannot file a revision petition under Section 115 of the Code of Civil Procedure 1908. 5. In view of the above, the civil miscellaneous appeal and the civil revision petition are accordingly dismissed. No costs.