NATIONAL INSURANCE CO LTD Vs. DHAN LAXMI

JUDGEMENT

(1.) THESE five appeals arise out of the common judgment dated 27.04.2007 whereby compensation was awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) to the legal heirs of two deceased and three injured persons.

(2.) AS per the case set up before the Claims Tribunal, on 05.11.1999 at about 4:40 a.m., deceased A. Raju and Vinayaki and three injured Dhan Laxmi, P. Nagammal and Nagaraj were travelling in a Tata Sumo bearing no.DL -2CG -9849 from Delhi to Varanasi. When the Tata Sumo reached near Gole Dhaba within the jurisdiction of Police Station Majhola, Muradabad, a truck bearing no.HR -37 -5607 was found to be going ahead in a zigzag manner. The driver of the truck is claimed to have applied sudden break, as a result of which the driver of Tata Sumo dashed the Tata Sumo against the rear portion of the truck.

(3.) ON appreciation of evidence, the Claims Tribunal found that the accident took place because of the composite negligence of the drivers of the two vehicles. The Claims Tribunal thereafter proceeded to award the compensation and made the Appellant National Insurance Co. Ltd. liable to pay the compensation. Incidentally, National Insurance Co. Ltd. was the insurer of the truck as well as the Tata Sumo. Thus, there was no dispute with regard to the primary liability of the insurer to pay the compensation.