UNITED INDIA INSURANCE CO. LTD Vs. AMARATTA

JUDGEMENT

(1.) Instant appeal has been preferred against the impugned judgment dated 22.11.2006 whereby ld. Tribunal has awarded compensation against the respondent no. 6 driver, respondent no. 8 (current owner of the offending vehicle) and the present appellant.

(2.) The present appellant was directed to pay the compensation amount by the ld. Tribunal and if any civil suit accrued in favour of the appellant being owner of the vehicle and against respondent nos. 6 & 8, in that eventuality, the appellant is at liberty to take action against the above mentioned respondents.

(3.) The facts of the case in hand are very peculiar in nature. On 16.10.2003, at about 5.30 AM deceased Jia Lal was going on footpath, coming for performing the call of nature from the side of Des Bandhu Gupta Road. Meanwhile, one Car bearing no. HR-16-B-2066 driven by respondent no. 6 in rash and negligent manner broke the rallying of footpath and turned towards the side of Jhandewalan and hit deceased Jia Lal from back side, due to which he received fatal injuries.