JUDGMENT :

Nutan D. Sardessai, J.

This is an appeal by the insurer challenging the judgment and award passed by the learned MACT, North Goa, Panaji, dated 18.11.2008 pursuant to which the respondent no.1/original claimant was partly secured with the relief of compensation of Rs. 62,000/- holding the respondents therein i.e. the present appellant with the owner and driver jointly and severally liable to pay the amount with interest at the rate of 9% per annum from the date of filing of the petition till the final payment.

2. The parties would be referred to as the insurer and the claimant for brevity's sake hereinafter.

3. The insurer aggrieved by the said judgment and award, has challenged the same in this appeal on grounds that the Claims Tribunal erred in law as well as on facts while passing the impugned judgment. The Claims Tribunal failed to appreciate that the claimant had raised a claim with his insurance company under his policy and the claim was settled and therefore the claimant was not entitled to any further amount from them. The Claims Tribunal failed to appreciate that the claim was settled at Rs. 50,400/- by the insurer of the claimant as the value of the damage caused t