NATIONAL INSURANCE COMPANY LTD Vs. RAMLAL

JUDGEMENT

(1.) This is an appeal preferred under Section 173 of the Motor Vehicles Act 1988 by the appellant/National Insurance Company against an Award dated 25th June 2004 in Claim Case No. 15/2003 recorded by the Motor Accidents Claims Tribunal Bhind (M.P.) granting thereby an amount of Rs. 3,67,000/- against respondent No.6, owner and the appellant-National Insurance company on the principles of joint and several liability, while exonerating at the same time, the owner and New India Insurance Company, respondent No.7 and 8, respectively of the another offending truck bearing No. MP09- KA/5583 from liability of payment of award amount to the claimants of deceased-cleaner of the same truck.

(2.) Facts, in short, just for the decision of this case are that on 6th August 2003 in midnight, Lalaram deceasedcleaner of the truck No. MP09-KA 5583 owned by Kalyan Chand Jain, non-applicant/respondent No. 7 and insured with New Insurance company, respondent No.8 was going to destination. When the truck reached near Byora district Rajgarh M.P., another truck No. HR 38C 5655 dashed against it, as a result, the cleaner Lalaram including driver of both the trucks, namely Naresh Rathore of truck No. MP09-KA 5583 and Iqbal Khan of truck No. HR 38C 5655 died on the spot. The F.I.R. of the incident was lodged. Since both the accused-drivers of the trucks involved in accident died, the final report was sanctioned by the criminal court.

(3.) While submitting claim petition, it was pleaded by the claimants that deceased Lalaram, at the time of accident was running 24 years. He was healthy person and earning Rs. 3,000/- p.m. He left behind him his wife, two children and parents who were totally dependents on his income. In these circumstances, the claimants claimed an amount of Rs. 19,93,000/- by way of compensation from respondents, i.e., owners and Insurance companies of the trucks involved in accident. After hearing the parties and considering the evidence on record, the learned tribunal awarded a sum of Rs. 3,67,000/- to the claimants against the owner and Insurance company of the opposite truck involved in accident while exonerating the owner and Insurance Company of the truck in which the deceased was going. Against this finding of exoneration, other Insurance Company has come up in this appeal.