UNITED INDIA INSURANCE COMPANY Vs. RAMKATORI AND OTHERS

JUDGEMENT

(1.) Feeling dissatisfied with the impugned award passed against the Insurance Company-appellant herein by the II Additional MACT, Shivpuri in Claim Case No.146/2003, present appeal has been filed.

(2.) In a Claim Petition 146/2003, daughter of claimants/respondents No.1 and 2, namely, Ku. Reena aged 20 years met with an accident and died on the spot due to injuries sustained by her. This accident had happened when she was going in a jeep alongwith her elder sister, namely, Smt. Manisha Agrawal and one Smt. Ranjana. Smt. Manisha Agrawal also succumbed to injuries while Smt Ranjana sustained grievous fractures as well as injuries. Claim Petitions 147/2003 and 148/2003 were separately moved by the husbands of the injured as well as deceased which were decided by the common impugned award. It is stated that the alleged incident was caused by Truck No.MP07/G-3919 which was being driven rashly and negligently by respondent No.3, owned by respondent No.4 and insured with the appellant/Insurance Company.

(3.) Before the claims tribunal, respondents, owner driver and insurance company appeared and filed their separate written statements denying the averments of the claim-petition. It was denied by the owner that the accident had occurred due to negligent driving of the truck. It was further submitted that the driving of the truck was having valid licence and since the truck was insured with the insurance company/appellant, the insurance company was responsible to pay compensation to the claimants and the petition is liable to be dismissed against him. On the other hand, the Insurance company pleaded that the claim was submitted on false and fabricated grounds. It was further stated that the driver of the truck alone was not responsible for causing the accident. The collision was made between both the vehicle as such both the drivers were jointly responsible. Hence, it is prayed that the claim filed against the company is liable to be dismissed.