NATIONAL INSURANCE CO LTD Vs. TAREPLA

JUDGEMENT

(1.) BY this common judgment and order, i propose to dispose of all the six appeals, namely, Nos. 22 (K) 06,23 (K) 06,24 (K) 06,25 (K) 06, 26 (K) 06, 27 (K) 06, arising out of the award, dated 26-4-2006, passed, in MAC case Nos. 159/2002/160/2002, 161/2002, 162/2002, 163/2002 and 164/2002 respectively, by the learned Motor Accident claims Tribunal, Dimapur, whereby diverse sums of money have been granted, as compensation, to the claimants-respondents concerned. All these appeals have been filed by the insurer against the award aforementioned.

(2.) I have heard Mr. P. B. Paul, learned counsel for the insurer-appellants, and mr. A. R. Sharma, learned Counsel for the claimant-respondents. I have also heard mr. S. Temjen, learned Counsel for the owner-respondent.

(3.) THE case of the claimants, while seeking compensation, was common in nature inasmuch as it is the case of all the claimants that the truck bearing registration No. NL-6a-2100, while passing, on Asetkong-Tsusangra road on 6-8-2002, fell down from the hill, near tsumok river, because of rash and negligent driving of the truck by its driver resulting into the death of as many as six persons, whose legal repre'sentatives have claimed compensation by filing applications under section 166 of the Motor Vehicles Act, 1988 (in short 'the MV Act' ). The owner as well as the insurer of the offending truck resisted the proceeding by filing their written statements. While the owner of the offending vehicle did not dispute the factum of the accident, the insurer alleged that according to their investigator, no such accident, as alleged by the claimants, had taken place.