JUDGMENT :

R. Rajendra Babu, J.

The question that has come up for consideration is whether the insurer can be directed to pay compensation to an injured in a motor traffic accident when the insured has been found not liable for the compensation.

2. Abdul Latheef, the first respondent, herein was travelling as a passenger in a bus bearing Reg. No. KEF 7990. The vehicle was owned by the 3rd respondent and the 2nd respondent was the driver of the bus. A lorry hit against the bus and thereby the first respondent sustained injuries. The lorry which hit against the bus could not be traced out. The injured claimed Rs. 50,000/- towards compensation against the driver, owner and insurer of the bus as OP (MV) 2950/90 before the Motor Accidents Claims Tribunal, Perumbavoor. The owner, driver and the insurer of the bus contended that there was no negligence on the part of the driver of the bus in causing the accident and hence they were not liable for the compensation. After considering the evidence, the Tribunal found that there was no negligence from the part of the driver of the bus in causing the accident and as such the driver and owner of the bus were not liable to compensate the injured. B