UNITED INDIA INSURANCE CO LTD Vs. SHAMSUDDIN

JUDGEMENT

(1.) UNITED India Insurance Co. Ltd. has filed this appeal aggrieved of the award dated 20. 4. 1989 passed in M. V. Case No. 56 of 1985 by Motor Accidents Claims Tribunal, Seoni.

(2.) THE manner and circumstances in which the accident occurred on 31. 3. 1985 on Nagpur-Jabalpur road by use of truck bearing registration No. MPA 5181 driven by respondent No. 3, Abid Khan, which hit Mangal Prasad who was going on his Luna, causing severe injuries, resulting in his death are not in dispute. It is also not in dispute that the truck was insured with the appellant of which the insured was the registered owner, the respondent No. 2, who gave its possession to respondent Nos. 1 and 4, under an agreement of sale.

(3.) THE Tribunal, on the evidence adduced, held that accident occurred due to sole negligence of the truck driver, hence awarded compensation of Rs. 96,300 with interest thereon at the rate of 12 per cent per annum from the date of application, that is, 11. 9. 1985 till realisation to the legal representatives of the deceased, the respondent Nos. 5 to 12, which was ordered to be paid by the appellant and respondent Nos. 1 to 4 jointly or severally.