NEW INDIA ASSURANCE CO. LTD Vs. SHAKUBEN

JUDGEMENT

(1.) ALL these appeals arise out of a common award passed in different motor accident claim petitions by the Motor Accident Claims Tribunal, Nadiad, on January 20, 1976. First Appeals Nos. 965, 967, 968and 969 of 1978 have been filed by New India Insurance Co. Ltd. and the cross- objections have been filed by the United India fire and General Insurance Co. while First Appeals Nos. 244 and 245 of 1978 have been filed by M/s. Jaipur Golden Transport Co. Ltd.

(2.) TWO trucks bearing Nos. GTG 2463 and RSM 6887 were proceeding in opposite directions. Truck GTG 2463 was proceedings from Demai to Kapadwanj side while truck RSM 6887 was proceeding from Kapadwanj to Demai side. Truck GTG 2463 had been insured with the United India Fire and General Insurance Co. while truck RSM 6887 had been insured with the New India Assurance Co. On account of collision which took place between the two trucks, six persons died including the driver of truck RSM 6887. Four persons received injuries on account of this accident. On behalf of the injured as well as on behalf of th dependants of the deceased, different claim petitions were filed before the Motor Accident Claims Tribunal, Kaira at Nadiad, and different amounts were claimed as compensation. As far as Motor Accidents Claims Petitions Nos. 83, 87 and 141 of 1976 are concerned, First Appeals Nos. 963, 964 and 966 of 1978 filed against the award have been dismissed by the court summarily at the admission stage on the ground of smallness of the amount of compensation awarded. Therefore, we are not concerned with the details thereof. The Tribunal held that both the drivers of the respective vehicles were equally negligent in driving the vehicles and, therefore, both the insurance companies were held liable to pay the amount of compensation awarded. It is against this award that these appeals have been filed. The relevant factual data pertaining to these appeals are as follows : <FRM>JUDGEMENT_1_TLGJ0_1985.htm</FRM>

(3.) AS stated earlier, First Appeals Nos. 965 and 967 to 969 of 1978 have been filed by the New India Insurance Company and First Appeals Nos. 244 and 245 of 1978 have been filed by the Jaipur Golden Transport Co Ltd. , i.e., the owner of truck RSM 6887.