1985 Supreme(MP) 306

K. M. Agarwal, J.
National Insurance Co. v. Nekram Singh.
M. A. No. 69 of 1983 (G); Decided on 8-6-1985

Headnote:Motor Vehicles Act, 1939-Ss. 110-D & 96-appeol under-insurer only made liable to make payment-insured is not a party aggrieved -insurer also found liable within, the liability under the agreement of insurance-none can file appeal.

        This is an appeal by the Insurance Company and the owner-cum-driver of the motor bike against the award of compensation made in favour of the respondent by the Claims Tribunal.

       

        The respondent is a police Constable, who was dashed against on 17·9·79 by the motor cycle No. CPM 4354, which was owned and driven by the appellant No.2 on the date of the accident As a result of the accident the respondent sustained fracture of his right radius and ulna bones and deformity in his left index finger, besides sustaining other minor injuries. He, therefore, preferred a petition for compensation to the tune of Rs. 25,000/-. After recording a finding that the appellant No.2 was rash and negligent in driving the motor bike and that the vehicle was insured with appellant No.1 the Claims Tribunal was pleased to award a sum of Rs. 20,000/. by way of compensation to the respondent against the appellants. The entire amount has been made payable by the Insurance Company. Being aggrieved, the appellant have jointly preferred the said appeal.

       

        The learned counsel for the appellants was unable to show me any infirmity in the finding recorded by the Claims Tribunal about the rash and negligent driving of the vehicle at the relevant time and date. He tried to address the Court only on the question of damages awarded to the respondent.

       

        At the outset, the learned counsel for the respondent raised a preliminary objection about the maintainability of the appeal. He submitted that as the Claims Tribunal has imposed no legal border on the appellant No.2 and the entire amount-has been directed to be paid by the Insurance Company, he is not a person aggrieved and, therefore, no appeal on his behalf is maintainable. He further submitted that the Insurance Company could not challenge the quantum of compensation. He argued that in view of the provision of section 96 (2) of the Motor Vehicles Act, 1939, the appeal challenging the claim of the appellant is limited within the grounds mentioned therein. Under these circumstances the appellant No.1 has no available ground to challenge the impugned award. In support of his contention the learned counsel relied on the cases reported in 1980 A.C.J. 501. Kantilal & Bros v. Rarnarani Debi (Cal.) 1978 A.C.J. 137, New India Assurance Co. Ltd.

       v. Shiv Kumar (M. P.) and A.I.R. 1985 All. 44 U.I.F. & CI Co. Ltd, Konpur v. Gulab Chandra.

       

        Held: I find substance in the aforesaid contention of the learned counsel for the respondent. In paragraph 27 of the impugned award it has been specifically found that the insurer alone is liable to pay the entire amount of the award. Consequently the appellant No.2 is not a party aggrieved and therefore, no appeal is competent on his behalf.

       

        The amount of compensation awarded by the Claims Tribunal is not in excess of the liability of the insurer fixed under the agreement of insurance. Consequently, no appeal is competent on behalf on the Insurance Company against the quantum of award. 1 am supported in my view by the authorities cited by the learned counsel for the respondent and referred to herein before.

        In the result, this appeal fails and it is hereby dismissed as not maintainable. 1980 ACJ 501, 1978 ACJ 137 and AIR 1985 All 44 relied on. Appeal dismissed.