NEW INDIA ASSURANCE CO LTD Vs. AYESHA BEGUM

JUDGEMENT

(1.) THIS order, in appeal M. A. No. 204 of 1991 at the instance of New India Assurance Co. Ltd. under Section 110-D of the Motor Vehicles Act, 1939, against the award dated 30. 4. 1991 passed by Motor Accidents Claims Tribunal, Guna, in Claim Case No. 47 of 1989, shall also decide the appeal M. A. No. 166 of 1991 being an appeal preferred against the same award by Sunil Malhotra, the owner of the motor vehicle, held negligent and liable for the accident.

(2.) FACTS in brief relevant for decision of these two appeals are: that the deceased Sayeed Khan was driving truck No. MBG 9036 being a duly employed driver by the owner of the said vehicle, Jalaluddin, respondent No. 8 herein. On 10. 3. 1989 the abovementioned truck while being driven by the deceased collided with the other truck No. MKH 7878 owned by Sunil Malhotra, respondent No. 5 (who is appellant in the connected appeal) and which was driven by Banshilal, respondent No. 6.

(3.) THE Claims Tribunal on the basis of evidence on record held that the driver of truck No. MKH 7878, which was insured with respondent No. 7. National Insurance Co. Ltd. , was solely negligent for the accident, in which Sayeed Khan lost his life being at the driving-wheel of the vehicle, truck No. MBG 9036. The Claims Tribunal passed an award in the sum of Rs. 1,83,000 with 15 per cent per annum interest from the date of filing of the claim petition. The liability for the payment of compensation for the accident was jointly placed on the present appellant, New India Assurance Co. Ltd. , which was insurer for the vehicle, truck No. MBG 9036, of which the deceased was the driver. Sunil Malhotra, respondent No. 5 herein, the owner of the vehicle, truck No. MKH 7878, was also held jointly liable. But the National Insurance Co. Ltd. , respondent No. 7, was not imposed with any liability severally or jointly for payment of the award on the ground that probably because there was 'no insurance policy of truck No. MKH 7878, produced on record. The insurance policy of the alleged offending vehicle, MKH 7878, has now been produced by the National Insurance Co. Ltd. in this appeal and there is no manner of doubt that the said vehicle at the relevant time was insured with respondent No. 7. In this appeal a cross-objection under Order 41, Rule 22 of the Code of Civil Procedure has been filed on behalf of National Insurance Co. Ltd. The insurer in respect of truck No. MKH 7878 opposed the present appeal of the New India Assurance Co. Ltd. in which a prayer has been made to impose entire liability for payment of compensation on the respondent No. 7, National Insurance Co. Ltd.