B.SIVA SANKARA RAO
Bajaj Allianz General Insurance Company Ltd. , Rep. by its General Manager – Appellant
Versus
Gandam Somulamma – Respondent
The 3rd respondent to the claim petition is no other than the insurer of crime auto (bearing No.AP 16 Y 6612) of 2nd respondent driven by 1st respondent, having been aggrieved by the award of the Motor Accidents Claims Tribunal–cum–VI Additional District Judge (FTC), Krishna District, at Machilipatnam (for short, ’Tribunal’) in M.V.O.P.No.458 of 2008 dated 21.02.2012, awarded compensation of Rs.3,00,000/- (Rupees three lakhs only) as prayed for with interest at the rate of 7 ½% per annum against the respondents 2 and 3of Rs.3,00,000/- (Rupees three lakhs only) as prayed for with interest at the rate of 7 ½% per annum against the respondents 2 and 3 who are owner and insurer with joint and several liability, filed the appeal seeking to set aside the finding of the tribunal and exempt the insurer – respondent No.3 from the liability saying the respondent No.2 owner of the vehicle is only liable for paying the compensation.
2. Heard Sri T.Mahender Rao, learned counsel for the appellant. The respondents 6 and 7 herein who are the respondent Nos.1 and 2 to the claim petition (driver and owner of the auto), were served with notice are called absent with no representation. The
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Benarsi Vs. Ram phaul (2003 (9) SCC 606)
National Insurance Company Limited Vs. Vidhyadhar Mahariwala & Others (AIR 2009 SC 208)
National Insurance Company Limited Vs. Swaran Singh & Others (2004 (3) SCC 297 – 2004-ACJ-1)
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Kusumlatha and others V. Satbir and Others (AIR 2011 SC 1234 = 2011 (2) SCJ 639)
S.Iyyappan Vs. United India Insurance Company (2013 (7) SCC 62).
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