LEELAWATI Vs. RAVINDRA KUMAR

JUDGEMENT

(1.) THIS order shall dispose of M. A. No. 335 of 1989 (Leelawati v. Ravindra Kumar) and M. A. No. 63 of 1990 (M. D. , Dairy Development Corporation Ltd. v. Leelawati) as also the cross-objections filed in both the cases.

(2.) THE appeal is directed against the judgment and award dated 18. 9. 1989 of IV Member, Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 135 of 1987, whereby the claimants have been awarded compensation of Rs. 1,25,000 with interest at the rate of 12 per cent per annum from the date of application, i. e. , 24. 1. 1984 till realisation of the same with a further direction that all the three respondents (non-applicants) are jointly and severally liable to make payment of compensation. The claimants-appellants have filed M. A. No. 335 of 1989 for enhancement of the amount. Respondent Dairy Development Corporation Ltd. (hereinafter referred to as the 'd. D. C. Ltd. ') has filed M. A. No. 63 of 1990 challenging the liability of payment on the ground that the vehicle was in possession of owner and the officer of the Corporation, who died in accident, was only in occupation of the same. The non-applicant New India Assurance Co. Ltd. has filed cross-objections in both the appeals, disowning the liability of payment on the ground of breach of conditions of insurance policy.

(3.) THIS is not in dispute that Dr. Mangilal Yadav was working with the D. D. C. Ltd. as veterinary doctor in the capacity of Senior Veterinary Surgeon. Motor jeep No. MBF 522 was driven by Ravindra Kumar Sharma, who was the owner of the vehicle also. Dr. Mangilal (deceased) was being taken on the jeep on the basis of an agreement whereby the motor jeep was working for the D. D. C. Ltd. The vehicle was insured with the New India Assurance Co. Ltd. , respondent No. 3. The claimants are widow and children respectively of deceased Dr. Mangilal.