SUJATA Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) BEING aggrieved by the judgment and award passed on 27th August, 1999 in Claim Petition No.177 of 1992 by the Member, Motor Accident Claims Tribunal, Nagpur, that the present appeal has been preferred by the appellants.

(2.) IN an accident, which occurred at about 1.00 p.m. on 12.2.1992 husband of appellant No.1 and father of appellant No.2 died on spot when Jeep bearing registration No.MUK 7979 by which he was travelling dashed against a stationary truck parked on the road, which had registration No.WB -23 -1458. The jeep was insured with respondent No.1 and it was being driven by respondent No.2, who was its owner as well. The truck involved in the accident was owned by respondent No.4 and insured with respondent No.5, while respondent No.3 was its driver. Since there was rashness and negligence on the part of the drivers of both these vehicles, the appellants preferred petition claiming compensation from all the respondents.

(3.) UPON consideration of the evidence brought on record by the appellants and respondent No.1, and hearing rival parties, the learned Member of the Tribunal found that the accident occurred only due to rash and negligent driving of the Jeep by its driver and it was also in breach of conditions of the insurance policy and, therefore, learned Member partly allowed the petition and granted compensation of Rs.3,13,700/ - inclusive of compensation on account of no fault liability to the appellants. The learned Member fastened the liability to pay compensation only upon owner -cum -driver of the Jeep i.e. respondent No.2 and exonerated respondent No.1, insurer of the Jeep as well as remaining respondents from any liability in this case. Not satisfied with the same, the appellants are now before this Court in this first appeal.