B. R. GAVAI, B. V. NAGARATHNA
V. Renganathan – Appellant
Versus
Branch Manager, United India Insurance Company Limited – Respondent
ORDER
1. Leave granted.
2. The appellants are the son and daughter of the deceased who was traveling in the Tractor by sitting on the Mudguard which met with an accident. The claimants therefore, filed claim petition and claimed a compensation of Rs.7,00,000/- before the Motor Accidents Claims Tribunal ('the Tribunal'). The claim petition was allowed. The learned Tribunal held that the owner of the tractor as well as the insurer are jointly and severally liable to pay compensation of Rs.6,62,000.- with interest @ 7.5% per annum from the date of filing of the claim petition as against the claim of Rs.7,00,000/-.
3. Being aggrieved thereby, the United India Insurance Company Limited ('the Insurance Company') filed an appeal before the High Court. The learned single Judge of the High Court allowed the appeal and held that the Insurance Company was not liable to pay the compensation, it was only the owner of the vehicle who was liable to pay the compensation.
4. Being aggrieved thereby, the present appeal. We have heard Mr. T.R.B. Sivakumar, learned counsel appearing for the appellants and Mr. Rajesh Kumar Gupta, learned counsel appearing for the United India Insurance Company Limited.
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