ORIENTAL INSURANCE COMPANY LTD Vs. NEELAM DEVI

JUDGEMENT

(1.) ONE Shri Hardutt Singh was travelling on tempo No. MKH 725 on 12.3.1988. At about 2 p.m. another tempo No. UTM 9594 came from behind and hit tempo No. MKH 725. In this accident Mr. Hardutt Singh died. Heirs of the deceased filed a claim petition. In this claim petition, they impleaded Mr. Habib Khan and Mr. Phoolan Singh, driver and owner of tempo No. UTM 9594. They also impleaded Siraj Ahmad and Vakil Uddin, driver/owner of temp No. MKH 725. Oriental Insurance Company is insurer of both.the vehicles and it was also impleaded.

(2.) THE Tribunal below allowed the claim petition on 25.5.1998 for a sum of Rs. 3,50,000/-, hence the present appeal by the Insurance Company.

(3.) THE Tribunal below after considering the evidence on record has come to a conclusion that tempo No. UTM 9594 had struck tempo No. MKH 725 from behind and this accident took place due to negligence of the driver of tempo No. UTM 9594. There is no challenge to this finding and this finding is upheld. In view of this finding, liability to pay the compensation would be of the driver and owner of tempo No. UTM 9594, namely Mr. Habib Khan and Phoolan Singh. The Oriental Insurance Company insurer of this tempo No. UTM 9594 and is liable to indemnify the owner of tempo No. UTM 9594 to the extent it is liable under the policy. It shows that the liability of the Insurance Company is only to the extent of Rs. 50,000/- and rest of the amount is to be given by the person who is liable to pay.