NEW INDIA ASSURANCE CO. Vs. NATIONAL INSURANCE CO.

JUDGEMENT

(1.) THE present appeal has been filed against the award dated 28th September, 2003 passed by the Motor Accident Claims Tribunal, Hardwar in Estiyak and Ors. v. Ram Prakash and Ors. M.A.C No. 15 of 2001, awarding a sum of Rs. 1,83,500/- as compensation to the respondents-claimants.

(2.) BRIEFLY stated the facts giving riserto the present appeal are that Akhalakh died in a motor vehicle Accident on 25;th November, 2000. According to the claimants deceased was carrying vegetables for sale to Delhi by Truck No. U.R 10-C-8283. The truck was being driven by the deceased himself very consciously and with a moderate speed. When the truck reached near Dayampur Chaupala, P.S. Kankarkheda, District Meerut at about 12.30 in the night, it was collided with another Truck No. UHM 3264 which was being driven by opposite party No. 2 Najmul, rashly and negligently. The deceased and three other persons were succumbed to the injuries sustained in the Accident. The claimants have alleged that the deceased was getting Rs. 4,000/- per month. The claimants claimed a compensation of Rs. 25,07,000/- against the respondents. Truck No. UP 10-C-8283 was insured with National Insurance Company while another Truck No. UHN 3264 was insured with the New India Assurance Co.

(3.) OPPOSITE party No. 5, the National Insurance Company in its written statement has stated that the Accident was taken place due to the rash and negligent driving by the driver of truck No. UP 10-C/8283, hence the insurer of said truck i.e., the National Insurance Company is only liable to pay compensation to the claimants.