THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.NO.2881 OF 2011 JUDGMENT:- This appeal is ﬁled being aggrieved by the award dated 28-02-2005 in OP.NO.334 of 1995 on the ﬁle of the Court of Motor Accident Claims Tribunal-cum-I Additional District Judge, at Nizamabad. The petitioner is the owner of the Auto bearing No.AHT/7187 which is said to have been damaged in the motor accident that occurred on 11-03-1995 at about 11.30 P.M while going from Sarangpur to Nizamabad, one Jeep bearing No.ATV/1443 came in a rash and negligent manner and dashed against the auto. The ﬁrst respondent is the owner and the second respondent is the Insurance Company. After considering the evidence on record, the lower Tribunal assessed the damage of Rs.5,000/- but, however, did not grant compensation ﬁnding that the auto must have been insured by the petitioner and there is no proof that the petitioner has not claimed any insurance from the insurer and, therefore, the award cannot be passed against the respondents and accordingly dismissed the claim application. Aggrieved by the said award, the present appeal is filed. Now the point that arises for consideration is: Whether the dismissal of the determination by the lower Tribunal is legal and sustainable? POINT:- So far as the quantum of damages is concerned, the lower Tribunal has correctly assessed to Rs.5,000/- which does not appear to be on a lower side. But, denial of the award against the respondents does not appear to be proper. In fact, though there is an obligation to insure the vehicle, it is well known that all the vehicles are not insured. Therefore, merely because, the petitioner has given the particulars of the Insurance Company with whom the vehicle was insured, it cannot be presumed that he might have claimed from the other Insurance Company. In fact, the second respondent has also not taken such a plea in the counter. When there is no material to show that the petitioner has made any claim against the Insurance Company, if any, with which the auto was insured, then naturally the amount has to be paid by the Company with which the oﬀending vehicle was insured. Even otherwise, the insurer of the auto can also contend that the liability is not there since the incident happened due to the fault of the offending vehicle. Therefore, in view of the above circumstances, the dismissal of the petition is not proper and accordingly the order of the lower Tribunal is set aside and an award is passed for an amount of Rs.5,000/- against the respondent Nos.1 and 2 payable with interest @ 6% from the date of petition till date of realisation. If in the course of crime, the second respondent could establish that the petitioner has claimed any damages from any other Insurance Company, it can seek for reimbursement. Accordingly, the Appeal is allowed. _______________________ N.R.L. NĀGESWARA RĀO,J 03-12-2011 TSNR