NEW INDIA ASSURANCE CO LTD Vs. N SENJILAXMI

JUDGEMENT

(1.) Both these appeals arise from the judgment and award dated 18.07.1995, passed by the Member, Motor Accident Claims Tribunal, Wardha in M.A.C. Case No.35/1992 decided with M.A.C. Case No.31/1990.

(2.) On 25.12.1989, on National Highway No.7, near village Kondhali in District Nagpur, there was collision of two vehicles i.e. truck No.MWY 6588 and TLB2511. Truck No.MWY 6588 was driven by one Ramsagar and the other vehicle was driven by K. Natrajan. Both died on the spot. The Claim Application No.31/1900 was filed by the heirs of Ramsagar, with which we are not concerned. The widow and two minor children left behind by deceased K. Natrajan, filed Claim Application No. 35/1992 for award of compensation of Rs.5,00,000/. The original nonapplicant no.1 M/s. Industrial and Commercial Corporation, Nagpur and original nonapplicant no.2 United India Insurance Co. Ltd. are the owner and insurer respectively of Truck No.MWY 6588, which was driven by Ramsagar. The original nonapplicant no.3 New India Assurance Co. Ltd. is the insurer of the other truck, owned and driven by deceased K. Natrajan.

(3.) The nonapplicant no.3 resisted the application on the ground that because of sole negligence of driver of truck No.MWY 6588 accident occurred. It was further averred that the risk of owner of the truck was not covered and therefore, no amount of liability can be fastened upon them.