LAWS(CHH)-2007-2-4

NATIONAL INSURANCE CO LTD Vs. SHYAM SUNDER

Decided On February 15, 2007
NATIONAL INSURANCE CO.LTD. Appellant
V/S
SHYAM SUNDER Respondents

JUDGEMENT

(1.) LEARNED counsel for the parties pray that this appeal may be disposed of finally at the stage of admission.

(2.) BRIEF facts are that on 1. 12. 1997, a minibus bearing No. MP 24-C 2614 being driven by respondent No. 3 upon bursting of a tyre, turned turtle causing injuries to the claimants/passengers. The injured passengers/claimants preferred applications for compensation. The learned Additional motor Accidents Claims Tribunal, Bemetara passed common order dated 3. 10. 2001 and awarded compensation to the victims as under:

(3.) IT is not disputed by learned counsel for the appellant insurer that the ill-fated minibus was under a policy of insurance by the appellant on the date of the accident. The fact that the claimants mentioned above were passengers in the minibus and sustained injuries due to the bus turning turtle and that the respondent No. 3/driver had a valid driving licence for driving light motor vehicle are also not disputed. Learned counsel for the appellant also contended that the insurance company is willing to pay the entire compensation as awarded by learned Motor Accidents Claims Tribunal.