NATIONAL INSURANCE CO LTD Vs. BATIBAI

JUDGEMENT

(1.) This order shall also govern disposal of M.A.No.2283/09 (National Insurance Co. Ltd. Vs. Badshah & others).

(2.) The Insurance Company has come up in appeal against the award dated 16.04.2009 passed by IIIrd Additional M.A.C.T, Sendwa, district Badwani in claim case No.157/09 and 158/09.

(3.) Two young persons viz. Vinod and Dinesh met with an accident on 06.01.2007 while they were coming on a motor cycle to Sendwa. It was alleged that the truck belonging to respondent no.7 and driven by respondent no.6 came from opposite direction and collided with the motor cycle. As a result Vinod who was riding the motor cycle died on the spot whereas Dinesh was taken to Civil Dispensary, Sendwa. Looking to his serious condition, he was referred to district hospital, Badwani and he died on the way to hospital. The claimants are the legal heirs of deceased Vinod and Dinesh. They filed petition claiming compensation against respondents No.6 & 7 and appellant alleging that the accident was caused by vehicle belonging to Kishore and was insured with the appellant at the time of the accident which took place on account of the rash and negligent driving of Salim. In support of the claim petition, respondent No.1 examined herself as the sole witness whereas respondent no.1 in the other appeal was examined as the sole witness. The owner and driver did not file any written statement to contest the claim. The claim was contested by the Insurance Company. The Insurance Company denied its liability to pay compensation. It was also claimed that a false claim has been foisted upon the Insurance Company with the connivance of the driver and owner of the vehicle. Learned Claims Tribunal passed the impugned award and awarded a sum of Rs.4,12,000/- each to the legal heirs of deceased Dinesh and Vinod as compensation payable by the appellant along with the owner and driver of the truck jointly and severally. The Insurance Company had obtained leave to contest the matter on merit, therefore, this appeal.