ORIENTAL INSURANCE COMPANY LTD. Vs. LEGAL HEIRS OF DECEASED RAJUBHAI ALIAS RAJENDRA KALUBHAI PRA AND 2

JUDGEMENT

(1.) An accident between Jeep bearing Registration No. RJ24T352 and Truck bearing Registration No. RJ4G1163, took place on 01.09.2005. The deceased Rajendra Kalubhai Prajapati was the occupant of Jeep and he suffered fatal injuries and died. The respondents herein being legal heirs and representatives of the deceased, have preferred a Claim Petition being MACP No. 477 of 2005 under Section 163A of the Motor Vehicle Act, 1988, ("MV Act" for short) to recover Rs. 5,53,500/- as compensation from the driver/owner and the insurance company of the Truck without impleading driver/owner and insurance company as party opponent. The truck was insured with the appellant-Insurance Company.

(2.) The Learned Motor Accident Claims Tribunal (Auxiliary), Fast Track Court, Palanpur, by the judgment and award dated 20.02.2009, passed in MACP No. 477 of 2005, partly allowed the claim petition and directed the appellant and respondent no.3 owner of the vehicle to pay compensation jointly and severally by holding that the accident had happened because of rash and negligent driving of the driver of the offending truck, though, in the application under Section 163A of the Motor Vehicle Act, claimants are not required to plead and prove the negligence of driver of the offending vehicle/vehicles.

(3.) The appellant-insurance company is aggrieved by the observations made by the tribunal that the accident had happened due to negligence on the part of the driver of truck as it would be precluded from recovery, the contributory negligence from the driver/owner and insurance company, if any, of the Jeep in which, deceased was travelling.