NATIONAL INSURANCE CO. LTD. Vs. KHIMLIBAI

JUDGEMENT

(1.) Leave granted. Vir Singh aged about 40 years, carpenter by profession met with a motor accident on 24.5.1997, while he was travelling in a jeep bearing No.MPl1l4690 which was hit from behind by an offending truck, bearing No.MP09/D -5665. He sustained injuries, was given first aid in the hospital but succumbed to the same at 5:00 p.m. on the same date. Respondents 1 to 8 herein, claiming to be the widow, sons, daughter and aged parents of the deceased, filed a claim petition under section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as "the Act") before the Motor Accidents Claims Tribunal, Jhabua, M.P. (for short "the Tribunal") registered as Claim Case No.202 of 2003. They claimed a total compensation of Rs.8,31,000/ - against the respondents i.e. Insurance Company (the appellant herein), the owner and driver of the truck.

(2.) BOTH the owner and the driver of the truck were proceeded with ex parte an they did not file any written statement. The appellant herein, arrayed as respondent 3 in the claim case, filed its written statement generally denying the averments made in the claim case.

(3.) ON the strength of the pleadings of the parties, the Tribunal framed issues. It appears that the appellant did not lead any evidence in rebuttal to the evidence that was led by the respondent claimants.