NEW INDIA ASSURANCE CO. LTD Vs. SARANJIT KAUR

JUDGEMENT

(1.) This is an appeal brought by the insurer against the award dated 31.7.2009 passed by the Motor Accidents Claims Tribunal, Kurukshetra (for short, "the Tribunal") vide which the claim petition brought by Smt. Saranjit Kaur and others under the provisions of section 166 of the Motor Vehicles Act, 1988 (for short, "the Act") has been allowed and a sum of Rs. 3,94,000/- has been awarded as compensation to the claimants on the death of Basant Singh. The facts necessary to decide this appeal are as under: ..

(2.) The claim petition has been resisted by the respondents. Respondents No.1 and 2, the driver and owner respectively of the TATA-407 in question have denied the accident to have occurred on account of rash and negligent driving of the vehicle by respondent No.1. It is claimed that if the Tribunal reaches the conclusion that the accident was an outcome of rash and negligent driving of TATA-407, then respondent No. 3, the insurer is liable to pay compensation. Respondent No. 3, the New India Assurance Company Limited has claimed in its written statement that there was no

(3.) The other set of respondents, i.e. respondents No. 4 to 6 have denied their responsibility in any manner to satisfy the award. They have claimed themselves to be unnecessary parties to the claim petition.