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3. The driver of the trax bearing registration No.KA- 25/8291 Sri Basavaraj Guttal filed the claim petition in MVC No.36/2006 before the Principal Civil Judge (Sr.Dn) and AMACT, Haveri, (hereinafter referred to as "the Tribunal, Haveri"), claiming compensation for the injuries sustained by him in the road traffic accident. The petition was came to be allowed in part, awarding compensation of Rs.20,000/- to the claimant and it was ordered that respondent Nos.2 and 3, i.e. the owner of the tempo bearing registration No.K27-2539 and owner of the trax No.KA-25/8291 are jointly and severally liable to pay the compensation. However claim against both the insurance companies are dismissed.

5. Aggrieved by the judgment and award passed in MVC No.36/2006 by the Tribunal at Haveri, respondent Nos.2 and 3 i.e. owners of vehicles bearing registration Nos.KA-27/2539 and No.25-25/8291 have preferred MFA No.23612/2019 on the following grounds:-

The impugned judgment and award passed by the trial Court dismissing the petition against respondent Nos.1 and 4 before the Tribunal who are respondent Nos.2 and 3 herein, is illegal, perverse and the same is liable to be set aside.

6. The finding given by the Tribunal at Haveri that it is only the present appellants who are the owners of the vehicles involved in the accident, are liable to pay the compensation, is erroneous since the offending vehicle bearing registration No.KA-27/2539 was insured with the National Insurance Company i.e. respondent No.1 before the Tribunal and respondent No.2 herein, (herein after referred to as the 'insurer) the said company should have been liable to pay the compensation. The Tribunal has not taken into consideration the documents produced before it and has arrived at a wrong conclusion. Therefore, the appellant prays for setting aside the impugned order saddling the liability

12. On the other hand, both the learned Advocates have concentrated and addressed their arguments only with regard to the liability of the National Insurance Company, which is appellant in MFA No.21737/2011 and MFA 21738/2011 and respondent No.2 in MFA No.23612/2009.

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13. MVC No.36/2006 was filed before the Tribunal at Haveri by the claimant making the National Insurance Company as respondent No.1. It is stated that offending vehicle bearing registration No.KA 27- 2539 was insured with respondent No.1 and therefore, it is liable to pay the compensation. Respondent No.1 filed its objection contending that the vehicle in question was insured with it on the date of accident and the Insurance Policy was obtained after the accident by suppressing the material facts and therefore, Insurance Company is not liable to pay the compensation to the claimants.