THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 3115 of 2008 Date of order: 17.6.2010 Between: The National Insurance Company Limited …Petitioner and B. Anjaiah and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 3115 of 2008 ORDER: Heard learned counsel for the petitioner/insurance company. The insurance company has filed this revision petition against the judgment of the Motor Vehicle Accidents Claims Tribunal, Adilabad in OP No. 820 of 2004, dated 27.8.2007. The insurance company was impleaded as respondent No.3 in the said OP. A compensation of Rs.30,000/- was sought by the first respondent-claimant on account of the injuries suffered by him in a motor accident. On consideration of evidence, the Tribunal awarded a compensation of Rs.9,500/- to the claimant with interest at 7.5% P.A. and the insurance company was directed to deposit the said amount in the court within one month and the claimant was permitted to withdraw the entire compensation amount. Since the compensation amount awarded is less than Rs.10,000/-, the insurance company has filed this revision on 1.6.2008 and by an order of this Court on 31.7.2008 interim stay as prayed for was granted. The first respondent-claimant, though served in the revision, there is no appearance on his behalf. The learned counsel for the petitioner-insurance company has raised one specific and valid contention that even according to the claimant, the accident occurred on 17.6.2004 and the photo stat copy of insurance premium receipt of the offending vehicle was produced and marked as Ex.A4 which shows that the insurance policy was valid only up to 7.4.2004 and as such for the accident which occurred on 17.6.2004, the petitioner-insurance company was not liable. Though the said contention, on the face of it, fully supports the case of the petitioner, but no such ground was urged before the Tribunal and there is no adjudication on this aspect under the impugned award. Looking at the documents of the claimant, the validity of Ex.A4 was only up to 7.4.2004 and as such the insurance company cannot be said to be liable for the accident which occurred subsequent thereto i.e., on 17.6.2004. However, in the facts and circumstances of the case and keeping in view the fact that the compensation amount is only Rs.9,500/- and as the claimant has not appeared before this Court, I deem it appropriate to pass the following order by modifying the award of the Tribunal to the extent of liability on the insurance company, That the second respondent-owner of the offending vehicle shall only be liable to pay the compensation amount to the claimant and following the method applied in the decision of the Supreme Court in National Insurance Company Limited Vs. Swaran Singh [1] the insurance company is directed to deposit the entire compensation amount, if not already deposited and the claimant shall be entitled to withdraw the same without furnishing any security. In the event of the insurance company depositing the compensation amount, they shall be at liberty to approach the Tribunal and seek appropriate orders for recovery of the compensation amount from the second respondent-owner of the offending vehicle. The revision petition is accordingly disposed of, subject to the above direction. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 17.6.2010 KR [1] AIR 2004 SC 1531 = 2004 ACJ 1