N I A CO LTD Vs. SUMAN

JUDGEMENT

(1.) The appeal which has been dismissed is default is restored to file and though without application as it is under the beneficial legislation and hence I venture to decide the same also in the light of settled legal position as they are hereinafter enunciated.

(2.) The National Insurance Company Limited has preferred appeal No.571 of 1993 aggrieved by the award passed by the Motor Accident Claims Tribunal, Meerut, in Claim Petition No.97 of 1990 preferred by the heirs of Late Bali Ram. Smt. Suman is the widow of the deceased. An another claim petition was also preferred by the father and daughter of Bali Ram, who have now preferred appeal No.96 of 1993 as the amount awarded according to them was not enough. The third appeal is preferred by Oriental Insurance Company, who has also felt aggrieved by the common judgment passed by the Tribunal in claim petitions filed by the heirs of Bali Ram.

(3.) The factual scenario, as is emerges from the record, is that MACP No.97 of 1990 was by the widow Smt. Suman claiming a sum of Rs.6,30,000/-, Claim Petition No.91 of 1991 was preferred by father of the deceased and his daughter namely Km. Nirmal. The father of the deceased also passed away during the pendency of claim petition and was substituted by his brother Bishamber Singh. The said claim petition was filed claiming a sum of Rs.53,65,700/- from the opponent. The opponent contested both the claim petitions. Both the insurance companies had adopted similar pleading namely that of denying their liability to reimburse the insured on the ground that there was breach of policy conditions. Bali Ram, at the time of his death, was admittedly 32 years of age.