CHOLAMANDLAM MS GENERAL INSURANCE CO. LTD. Vs. SUMAN

JUDGEMENT

(1.) The award dated 3.11.2018 passed by Motor Accident Claims Tribunal, Narnaul (hereinafter referred to as 'the Tribunal') has been assailed by the insurer of Trailor bearing registration No.RJ-32-GA-3865 (for short 'the offending vehicle'). Respondents are the widow, minor daughter of deceased and owner & driver of the offending vehicle.

(2.) The facts necessary for adjudication of the present appeal are that on 24.11.2017 Raja Ram was driving Mahindra Xylo vehicle registration No. RJ-02-GA-2053 (for short 'Xylo'). His wife, minor daughter, father and others were also travelling alongwith him. When they reached near Sidh Vinayak Petrol Pump, Xylo was struck by the offending vehicle. As a result of the impact, Raja Ram sustained injuries. He was taken to hosital, where he succumbed to the injuries. FIR No. 395 dated 24.11.2017 was registered at Police Station Nangal Chaudhary.

(3.) In the claim proceedings, the Tribunal opined that the accident was result of rash and negligent driving of the offending vehicle. The owner, driver and insurer of the offending vehicle were held jointly and severally liable to pay the compensation.