ORIENTAL INSURANCE CO LTD Vs. VIMLA BAROLE

JUDGEMENT

(1.) THIS appeal is directed against the award under section 110A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act for short) dated 19.9.1994 in MCC No. 125 of 1984 by Vlth Additional Motor Accidents Claim Tribunal, Bhopal granting compensation of Rs. 65,000/ in favour of respondents claimants 1 to 4.

(2.) INDISPUTABLY , deceased Dayaram Barola died in a motor accident on 13.7.1984. At the time of the accident, the deceased was travelling by Tempo No. MPD 7590. The said Tempo collided with Tempo No. MBC 7826. The learned Tribunal, after assessment and scrutiny of evidence, held that the accident occurred on account of rash and negligent driving of tempo No. MBC 7826 by its driver Rashid, respondent No. 6 herein.

(3.) THE learned Tribunal, after assessment of the evidence, awarded an amount of Rs. 65,000/ as compensation in favour of the claimants respondents 1 to 4. Respondents No. 5 & 6 and the appellant, i.e., driver, owner and the insurer of the offending vehicle MBC 7826 were held to be jointly and severally liable for payment of the amount of award as above.