NEW INDIA ASSURANCE COMPANY LIMITED Vs. SHANTABEN

JUDGEMENT

(1.) These three appeals arising out of the same accident involving common question of law and fact can be disposed of by common judgment.

(2.) These appeals have been preferred by the New India Assurance Co. Ltd., challenging the award on the ground that the insurance company is not liable to pay any compensation to the claimants.

(3.) It appears from the record that the accident took place on 17.8.82, on Ankle- shwar-Rajpipla Road at about 7.30 p.m., wherein truck No. GTK 5576 insured with the appellant turned turtle and fell into a ravine as a result thereof one person died and others received injuries. It was alleged that because the truck was being driven rashly and negligently at a very fast speed hence the accident occurred. The opponent No. 1 in the Tribunal was driver whereas opponent No. 2 was the owner of the truck and the opponent No. 3 is the insurance company.