SAVITRI Vs. MALLUSINGH

JUDGEMENT

(1.) Feeling aggrieved by the award passed on 5.3.1998 by First Addl. Motor Accidents Claims Tribunal, Barwani in Claim Case No. 94 of 1996, present appeal under section 173 of Motor Vehicles Act, 1988 has been preferred by claimants for enhancement as also for fixing the liability to pay compensation on the insurance company.

(2.) Appellants have been awarded a sum of Rs. 1,99,000 against respondent No. 1 owner of the truck only. Insurance company has been exonerated of its liability.

(3.) The main thrust of the arguments of learned counsel for appellants was that Tribunal committed a manifest error in not fastening any liability on the insurance company. It was submitted that as per claim petition filed by claimants, it has been specifically pleaded and proved also that deceased Rajesh was travelling in the truck bearing registration No. MP 09-K 0507 as a second driver. The truck at the relevant point of time was being driven by Ramsingh who also died in the same accident and owned by respondent No. 1 Mallusingh and insured with respondent No. 2 insurance company.