NEW INDIA ASSURANCE CO. Vs. KASTURI BAI TIWARI

JUDGEMENT

(1.) Learned counsel for the appellant. None for respondents.

(2.) Appellant, the New India Assurance Company calls in question the legality of the award dated 23-12-1997 passed by Second Additional Motor Accident Claims Tribunal, Damoh in Claim Case No. 182/1997 whereby in a Claim Petition preferred by respondent Nos. 1 and 2, the legal representatives of the deceased Devendra Kumar who died due to accident caused by truck CPQ 4115 driven rashly and negligently by respondent No. 3, the Claims Tribunal awarded the compensation of Rs. 1,44,400.00.

(3.) Assail is on two counts, firstly, it is alleged that the death of Devendra Kumar was not due to accident but he was murdered and respondent No. 3 was prosecuted for said offence and was convicted therefor. Secondly, the owner of offending vehicle was initially impleaded as party, however, after his death no legal representatives were brought on record. It is urged that since the insured was not a party no order could have been passed against the insurer.