NEW INDIA ASSURANCE CO LTD Vs. AYISHA

JUDGEMENT

(1.) A short, but very interesting legal question has cropped up in these two appeals filed by the insurer of a vehicle, which was involved in a road traffic accident.

(2.) An unfortunate father who is respondent No.4 in these two appeals was driving a jeep with his two minor sons. The jeep happened to capsize. While the unfortunate father escaped, his two sons died in the mishap. The mother and siblings of the two victims instituted two claim petitions before the Motor Accidents Claims Tribunal seeking compensation from the owner, driver and insurer of the vehicle. As has been mentioned earlier, the driver happened to be the father of the two victims.

(3.) The Tribunal after considering the documentary evidence available on record passed the impugned awards holding that the Insurance Company is liable to indemnify the owner of the vehicle and pay compensation to the claimants. These two awards are under challenge in these appeals.