NEW INDIA ASSURANCE COMPANY Vs. KUSUM

JUDGEMENT

(1.) THE present appeal by the insurance company arises from an order dated 10th February, 1998 of the Motor Accidents Claims Tribunal, bijapur in M. V. C. No. 266 of 1996 allowing the petition filed before it and granting a compensation of Rs. 1,19,500. 00 and foisting the liability of paying the compensation on the insurance company. Aggrieved, the insurance company has preferred this appeal claiming that it is not liable to pay the compensation.

(2.) THE claim petition was laid before the Tribunal by the legal representatives of the deceased claiming compensation of Rs. 4,30,000. 00 for the death of Balakrishna in an accident which occurred on 7-3-1996 at about 4 p. m. in the jeep in which the deceased was travelling. It was claimed by the petitioners that the jeep was being driven in a rash and negligent manner as a result of which the jeep skidded off the road and turned turtle. In the resultant impact two of the travellers inside the jeep died on the spot and two others succumbed to the injuries in the hospital. The Tribunal formulated the following four points for its consideration:

(3.) THE sole point that arises for my consideration in this appeal is: whether the Tribunal was right in foisting the liability to pay compensation on the insurance company?