(1.) On 09.06.2000, at about 5.00 p.m., when the claimant and 3 others were travelling in a Tata Sumo Car bearing Registration No.GJ -13 -B -9809, on the Viramkam road, in Gujarat State, the lorry bearing Registration No.GJ -13 -T -5629, coming in the opposite direction and driven in a negligent manner, dashed against the Tata Sumo Car. As a result, the three occupants, including the driver had succumbed to their injuries on the spot. The claimant had sustained grievous injuries and hence the claim had been levelled against the owner and insurer of the said lorry.
(2.) The National Insurance Company Limited / insurer of the lorry had filed a counter statement and resisted the claim petition. The respondent denied that the accident had been caused by the driver of the lorry. It was submitted that the accident had been caused by the negligent driving by the driver of the Car. It was submitted that the driver of the lorry did not have a valid driving licence. The averments in the claim regarding age, income, occupation and nature of injuries was not admitted.
(3.) The New India Assurance Company Limited / insurer of the Tata Sumo Car had filed a counter and opposed the claim. It was submitted that the driver of the lorry had committed the said accident and the said lorry had been insured with the National Insurance Company Limited. As such, the 3rd respondent is liable to pay compensation. Further, the 5th respondent is only a formal party in the said case.