ORIENTAL INSURANCE CO LTD Vs. CHOODAMANI SINGH

JUDGEMENT

(1.) INVOKING the appellate jurisdiction of this Court under Section 173 of the motor Vehicles Act, 1988 (hereinafter referred to as the 'act'), the non-applicant No. 6/appellant has challenged the legality, validity and correctness of the order dated 4-4-97 passed by IV th Additional Motor Accidents Claims tribunal, Rewa, in Claim Case No. 3/96.

(2.) THE facts of this case, in nutshell, as have been unfolded are that the appellant is the insurer of Jeep No. MP17-B/1950 which was insured and registered as private car. The respondent No. 1 Choodamani Singh is the owner of the said jeep and it was being plied as a taxi on 26-4-93 when it met with an accident. The survey was conducted by the appellant/company.

(3.) IT is alleged that 11 persons travelling in the jeep died and one sustained injuries. The jeep was extensively damaged. It is alleged that the accident occurred due to rash and negligent driving of truck No. MP-17/1850 which was driven by Mahadev Prasad Chourasia and was owned by Ramakant tiwari, respondent No. 3 and Ramesh Kumar Dwivedi, respondent No. 4. The legal representatives of the deceased persons and the injured filed claim cases against the owner, driver and insurer of the truck and also against the owner and insurer of the jeep.