NATIONAL INSURANCE COMPANY LIMITED Vs. PARUL GHOSH

JUDGEMENT

(1.) Both the appeals are being disposed of by a common judgment since they arise out of one award and one accident.

(2.) Briefly stated, the facts of the case are that the deceased Late Dipak Ghosh was working as rifleman in the Tripura State Rifles (TSR). On 15.11.2008 he was going towards Bishalgarh from Nagerjala Bus Stand in vehicle bearing registration No.TR-01-4461 (commander jeep). It is alleged that this vehicle was being driven rashly and negligently and when the vehicle reached near Bhuiyarmatha at Gakulnagar, another vehicle bearing registration No.TR-01-B-4214 (Cruiser Jeep) came from the opposite direction in a high speed and both these vehicles collided with each other. Immediately thereafter another vehicle bearing registration No.TRA-2032 (Jeep) came from Agartala side towards Bishalgarh and according to the claimants, on seeing the violent accident the driver of the said vehicle lost his control over the vehicle and the vehicle went off the road.

(3.) Vehicle No.TR-01-4461 (commander jeep) was owned by Smti. Beuti Datta and insured with the United India Insurance Company Limited. Vehicle No.TR-01-B-4214 (Cruiser Jeep) was owned by Sri Rabindra Debnath and insured with the National Insurance Company Limited. As far as vehicle No.TRA-2032 (Jeep) is concerned, the same was owned by respondent No.5 but there is no evidence that it was insured with any insurance company. The claimants are the mother, sister and niece of the deceased.