This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kasargod in O.P.(MV)No.509 of 1998. It was an application filed for claiming damages. The claimant is a dealer of Bharath Petroleum. On 3.11.1997 while his diesel carried in a tanker lorry was proceeding from Kannur to Kasargod a bus bearing Regn.No.KL-13A-7113 driven by the first respondent in the claim petition dashed against the rear portion of the lorry resulting in loss of 400 litres of diesel and therefore he has claimed a total compensation of Rs.50,000/-. The insurance company would contend that there was no liability or insurance coverage for the 3rd party and the amount claimed is exorbitant. The Tribunal found that the accident took place on account of the negligence of the bus driver and awarded a sum of Rs.36,030/- by way of damages due to the loss of the diesel. It is against that decision, the insurance company has come up in appeal.

2. Learned counsel for the insurance company has raised two contentions, viz., (1) the Tribunal has no jurisdiction to decide the question involved in the case and the remedy for the party is elsewhere. (2) In the absence of a policy taken under