RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. RAJA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the insurer of Autorickshaw, which was involved in an head-on collision with the lorry belonging to the 4th respondent and insured with the 5th respondent, resulting in the death of three inmates of the autorickshaw, challenging the award of the Tribunal in holding the driver of the autorickshaw alone as responsible for the accident and fastening the entire liability on the appellant Insurance Company.

(2.) The claim petition was contested by all the parties. The Tribunal, on appreciating the evidence on record, found that the driver of the autorickshaw, namely, the 3rd respondent herein was solely responsible for the accident, eventhough the accident had occurred due to head-on collision of autorickshaw and lorry and fastened the liability on the appellant Insurance Company and awarded various amounts to the victims.

(3.) The only question to be decided is with regard to the liability fastened on the appellant Insurance Company, ie., as to whether it was only the autorickshaw, which was responsible for the accident or whether both the vehicles contributed to the accident. Therefore, the question of going into the quantum of compensation does not arise.