NATIOANL INSURANCE CO LTD Vs. RAJ RANI

JUDGEMENT

(1.) NATIONAL Insurance Co. Ltd. , i. e. , the appellant, has filed this appeal against the award dated 29. 7. 2008 passed by the Motor Accidents claims Tribunal, Kurukshetra, whereby the claimants have been awarded a sum of rs. 4,53,000 along with interest at the rate of 7. 5 per cent per annum from the date of filing of claim petition till realization of the amount awarded. It was further ordered that the liability to pay the amount of compensation shall be joint and several of owner and driver of truck in question with appellant insurance company.

(2.) THE facts of the case are that one satish Kumar who was driving the motor cycle bearing No. HR 03-F 9636 met with an accident with a truck bearing No. HR 58-4515. Satish Kumar sustained multiple serious and grievous injuries on his head and later on died in the hospital because of injuries caused to him in the said accident.

(3.) THE claim petition filed by the claimants was contested by respondent Nos. 5 and 6 (i. e. , owner and driver of truck No. HR 58-4515) stating that no accident had taken place with the truck. They also took the plea that the said truck was insured with the appellant and in case any compensation is to be paid, the same is to be paid by the appellant.