UNITED INDIA INSURANCE CO. LTD Vs. RANJHA SINGH

JUDGEMENT

(1.) THIS order will dispose of the above mentioned four appeals and a revision petition preferred by the insurance company to impugn the award passed by the tribunal at Ferozepur.

(2.) LEARNED counsel for the appellant at the outset submits that he does not pose a challenge to the quantum of compensation granted by the tribunal. However, right of the insurance company to effect recovery from owner and driver, needs to be protected. He has also contended that in fact, it was the tractor-trolley which was negligent in causing the accident.

(3.) IT appears an accident took place on 25.2.2011 between a tempo trax and a tractor-trolley. Persons sitting in tempo trax suffered serious injuries. Four of them namely, Jeeto Bibi alias Jeeto Bai, Kaushalya Bibi, Soma Rani and Gurnam Singh died. Other occupants were injured in the accident. Separate claim petitions were preferred. They were disposed of by a common judgment which is under challenge before this court. As the claim petitions were filed under section 163-A of the Motor Vehicles Act, the tribunal observed that issue of negligence was not relevant. As two vehicles were involved in the accident, it was a case of joint tortfeasors. In such eventuality claimants were entitled to sue any of the joint tortfeasors and claim compensation. I find no legal infirmity with the judgment delivered by the tribunal. All the respondents have been held liable to pay compensation jointly and severally. Thus, plea of the insurance company is without any merit. All the appeals and revision petition are dismissed.