ORIENTAL INSURANCE CO. LTD. Vs. RAM KISHAN AGARWAL

JUDGEMENT

(1.) This group of matters are preferred by Oriental Insurance Co. Ltd and The New India Assurance Company Ltd respondents in the claim petitions which arose out of the same accident. The Insurance Companies have requested for settling the liability on the other insurance company as far as negligence of the driver driving the vehicle involved in accident.

(2.) The Insurance Companies have raised the issue of driving licence but it is held by tribunal that have not proved the same to be defective before the tribunal which would permit the tribunal to exonerate them. The insurance companies have not proved that there is breach of policy condition. The second contention raised by both the appellants-Insurance companies is that the tribunal did not apportion the negligence of drivers of both the vehicles. The tribunal having not apportioned the negligent, the amount receivable by heirs of driver is not deducted which is bad in law.

(3.) The brief facts of the case are that on 19/6/1988 at about 11.15 a.m., Bus No. URJ 7389, in which all the deceased/injured persons along with the other passengers were traveling, met with an accident at Bijoli Tiraha, Meerut-Hapur Road, within the circle of P.S. Kharkhoda, District Meerut with Truck No. DHL 3616. It was a head on collision. The bus was going from Meerut to Hapur where as the truck was coming from the opposite direction towards Meerut, when the accident took place. As a result of collusion, the aforesaid bus over turned to left side. On account of this accident, Km. Kaushalya Devi, Ajay Kumar Agarwal, Smt. Mithlesh Agarwal, Bashir, Hariya, Devendra and Ashraf died where as the claimants Smt. Urmila, Km. Lovy, Shyam Lal, Raghuvir and Rajendra Singh sustained various injuries which will be described and narrated later on. The petitioners have alleged that the accident in question is the result of gross rash and negligence in driving the vehicles on the part of the drivers involved in the accident.