NEMI CHAND Vs. PRADEEP KUMAR

JUDGEMENT

(1.) This judgment shall govern the disposal of Misc. Appeal No. 283 of 1994 filed by the insurance company and Misc. Appeal No. 276 of 1994 filed by the claimant.

(2.) Deceased Mukesh Kumar was diploma holder in Civil Engineering and was working with the contractor of National Fertilizer Plant. On 30.6.1990 the deceased was returning from duty and was travelling in a jeep No. MP 3227, the said jeep was driven by the driver Pradeep Kumar, respondent No. 1. Shakir Hussain, respondent No. 2, was the owner of the said jeep. The jeep was insured with National Insurance Co. Ltd., the respondent No. 3. The driver of the jeep was driving the jeep rashly and negligently. He made attempt to overtake a vehicle. As a result, deceased Mukesh Kumar was thrown out from the jeep and he was crushed by the truck, which was coming behind the jeep and he died. Deceased was unmarried. He was getting salary of Rs. 2,800 per month. The claim was contested on the ground that no accident took place with the jeep and owner and driver of the truck were necessary party. The insurance company contested the claim on the ground that driver violated the terms and conditions of the insurance policy, therefore, the insurance company is not liable. The Motor Accidents Claims Tribunal after considering the evidence on record found that no accident took place from the truck, the owner and driver of the truck were not the necessary party. There was no violation of the terms and conditions of the policy, therefore, the insurance company is liable but awarded Rs. 25,000 under no fault liability and Rs. 10,000 for loss of love and affection, thus, awarded total compensation of Rs. 35,000 to the parents. Against which claimants who are parents and insurance company both have filed appeals. Insurance company has filed appeal about its liability and claimants have filed appeal for the enhancement of compensation.

(3.) We have heard the learned counsel for the parties and perused the evidences and findings recorded by Claims Tribunal.