NATIONAL INSURANCE CO LTD Vs. SUSHIL KUMAR

JUDGEMENT

(1.) THIS judgment will dispose of L. P. As 460 and 461 of 1996 as common question of law and facts are involved therein.

(2.) THE sole question involved in these appeals is whether to the event of death of deceased who was traveling in the truck involved in the accident, while he was in the employment of the hirer, the Insurance Co. would be absolved of its liability ?

(3.) THE Motor Accidents Claims Tribunal as well as the learned Single Judge came to the conclusion that accident was caused due to rash and negligent driving of the truck driver Kalian respondent. Consequently, the claimants were held entitled to the compensation. However, the Insurance Company was absolved of its liability to pay compensation solely on the ground that since the deceased was not in the employment of Insurer consequently, the insurance company is not liable to pay compensation.