NATIONAL INSURANCE COMPANY LTD Vs. SAROJ & OTHERS

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 Claims Case No. 16/2003 passed by the Motor Accidents Claims Tribunal Bhind (M.P.) granting thereby an amount of Rs.3,67,000/-against the appellant and respondent No.7-owner of the truck bearing No.HR38-C/ 5655 to satisfy the amount on the principles of joint and several liability while exonerating respondent No.8- owner and the respondent No.9-New India Insurance Company of truck No. MP09-KA/5583 from liability of payment of award amount to the claimants of the deceased-driver Naresh of aforesaid Truck No. MP09-KA/ 5583.

(2.) Facts of the case in short just for decision of this appeal are that on 6th August 2003 in midnight deceased-driver Naresh of the truck No. MP09-KA/5583 owned by Kalyan Chand, respondent No. 8 and insured with respondent No.9-New India Insurance company was going to destination. As the truck reached near Byora district Rajgarh M.P., it was made with head on collision from front side with another truck No. HR38-C/5655, driven rashly and negligently by driver Iqbal Khan. In the result, driver Naresh and cleaner Lalaram of truck No. MP09-KA/5583 as well as another driver Iqbal Khan of truck No. HR38-C/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 the claim petition, it was pleaded that the deceased Naresh, who was driver of fateful truck at the time of accident was aged 25 years. He was healthy person and used to earn Rs. 5,000/- monthly. He left behind him his wife, four children and parents who were totally dependents on his earnings. The claimants/respondents thus claimed Rs. 24,93,000/- by way of compensation from respondents, i.e., owners and the 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.