NATIONAL INSURANCE CO LTD Vs. SANTRO DEVI

JUDGEMENT

(1.) IT is expedient to collate the facts and circumstances under which this case has come before us. The main narration of events and circumstances are taken from FAO 725 of 1995 which was referred to the Full Bench and was argued as such.

(2.) KINARA Tubes Private Ltd. was the registered owner of truck No. HYW-6262 which was insured with the appellant. Rajbir Singh was employed as a driver with Kinara Tubes Pvt. Ltd. Krishan deceased was killed on 24. 5. 1993 while crossing the road in an accident with the above referred truck' being driven rashly and negligently by Rajbir Singh driver.

(3.) THE driver and owner of the truck jointly defended the claim, by putting a common defence, inter-alia, denying the occurrence, taking the plea of alibi and putting the case to be of their false implication.