NATIONAL INSURANCE COMPANY LTD Vs. KAMARJAHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the National Insurance Company, Ltd. (hereinafter referred to as the 'insurer') under Section 173 of the Motor Vehicles Act, 1988, against the Award dated 19-9-1990, passed by the Motor Accidents Claims Tribunal, Guna, for short, the 'tribunal'.

(2.) THE necessary facts, in brief, are that deceased Ahmad Hussain was driver of a new Fiat Car, temporary No. MRV 580. The Fiat car was one amongst the convoy of about 50 new Fiat cars going from Bombay for delivery to Gwalior. The Fiat car mentioned above which was driven by deceased Ahmad Hussain, met with an accident as truck No. MBF 944, coming from the opposite direction between Guna and Shivpuri, dashed against the car. The driver of the Fiat car lost his life instantaneously.

(3.) IN the claim petition, filed by the mother, brothers and sister of the deceased, all other parties, namely, M/s. Rremier Automobiles, an Automobile dealer at Gwalior where the cars were to be delivered, the truck driver Pappu, the owner of the truck Daljit Singh and the Insurance Company (New India Insurance Company, Ltd.) with which the truck was insured, remained ex parte, hence, did not contest the claim. It is also not in dispute that the appellant, National Insurance Co. , Ltd. , being the insurer of the Fiat car involved in the accident, led evidence and cross-examined the witnesses examined on behalf of the claimants on all defences available to the Insured, i. e. , owner of the truck. The claimants also raised no objection to the defences raised by the appellant Insurer for itself and on behalf of the insured.