NEW INDIA ASSURANCE CO LTD Vs. RAMANAND

JUDGEMENT

(1.) THE two appeals M.A. Nos. 151 and 152 of 1994 are heard together as both the appeals arise out of common award.

(2.) CONTENTION of the learned counsel for appellant insurance company is that in the absence of any fault on the part of Matador insured with the insurance company, the Claims Tribunal has erred in fastening the liability upon the appellant insurance company. He incited attention to the finding recorded in para 13 of the judgment, wherein Claims Tribunal has recorded a finding that the truck was driven in a rash and negligent manner and it had dashed against Matador, which resulted into the death of Gayaprasad and Radhacharan, who were sitting inside the said Matador. Again in para 19 of the award finding is recorded that the accident is caused On account of rash and negligent driving by the truck driver. Counsel for the appellant submitted that the Claims Tribunal erred gravely in fastening the liability upon the driver of Matador. The counsel for the appellant submitted that in view of the finding recorded by the Claims Tribunal liability cannot be fastened upon appellant insurance company.

(3.) MR . R.K. Goyal, Advocate for the claimants submitted that he has filed cross -objection for enhancement of compensation.