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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 6178 of 2004

PETITIONER:

National Insurance Co. Ltd.

RESPONDENT:

Chella Bharathamma & Ors.

DATE OF JUDGMENT: 21/09/2004

BENCH:

ARIJIT PASAYAT & C.K. THAKKER

JUDGMENT:

J U D G M E N T

(Arising out of SLP (C) No.13208/2003)

(With C.A.6179/2004 @SLP(C) No. 13210/2003)

ARIJIT PASAYAT, J.

Leave granted.

National Insurance Company limited (hereinafter referred to as

the ’insurer’) calls in question legality of the judgment rendered by a

learned Single Judge of the Andhra Pradesh High Court holding the

insurer to be liable for indemnifying the award of compensation.

Background facts in nutshell are as follows :

Three persons were traveling in an auto rickshaw which met with

an accident on 9.5.1992. Two persons lost their lives while one was

seriously injured. Claim petitions were filed by the legal

representatives of the two deceased persons while the injured filed

separate petition claiming compensation in terms of Section 166 of the

Motor Vehicles Act, 1988 (in short the ’Act’) The auto rickshaw in

question belonged to Challa