NATIONAL INSURANCE COMPANY LIMITED Vs. SURAJMUKHI AND OTHERS

JUDGEMENT

(1.) This order will dispose of FAO Nos. 2108 of 2014 and 5921 of 2016 as these have emerged out of the same award dated 24.1.2014 passed by the Motor Accidents Claims Tribunal, Ambala (in short "the Tribunal") whereby compensation has been awarded on account of death of Mukesh Kumar out of use of Maruti Alto Car bearing No. CH-01-AL-4380, on the fateful day of 3.7.2012. FAO No. 2108 of 2014 has been filed by National Insurance Company Limited (hereinafter referred to as "the insurance company") whereas the other appeal has been preferred by Surajmukhi and others seeking enhancement of compensation.

(2.) Counsel for the insurance company has assailed the award primarily on three counts. The first submission made by counsel is that occurrence in question took place when Mukesh Kumar driver of Maruti Alto car lost control over the vehicle and as a result, the vehicle crossed divider on the road and hit against a tree on the other side of the road, therefore, claimants cannot be paid compensation qua death of the tort-feasor.

(3.) The second submission made by counsel is that Maruti Alto car was owned by Tanzin Plazor, respondent No. 7 and he had given the car to M/s Allied Package and Movers, Zirakpur for transportation. At the time of occurrence, car was driven by Mukesh Kumar, an employee of the aforesaid package and movers, therefore, he was not driving the car under the instructions of registered owner. In the alternative, it is argued that Mukesh Kumar would step into the shoes of registered owner, therefore, insurance company is not liable to pay compensation.