DASSI DEVI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) These three appeals arise out of one award and are, therefore, being disposed of by one judgement.

(2.) The undisputed facts are that an accident of Maruti Van No.HP-01-A-0115 took place with truck No.HP-11-4427 on 17.10.2001 near Hatkoti. The claimants are legal heirs of three persons who died in the accident. All the deceased were traveling in the Maruti Van. In fact, one of them Ramesh Kumar was the driver of the Van. The claim petitions were filed alleging that the accident has occurred due to the negligence of the driver of the truck. The learned Tribunal has allowed the claim petitions and come to the conclusion that the accident occurred due to rash and negligent driving of the truck driver and held the appellant-Insurance Company to indemnify the insured since the truck was admittedly insured with it. The Insurance Company had obtained permission under Section 170 of the Motor Vehicles Act to contest the petitions on all grounds and in these appeals the Insurance Company is challenging the award on the issues of negligence and quantum.

(3.) The issue of negligence is common to all the cases. One of the claimant Smt. Sanehru Devi appeared as PW-2. According to her, the accident occurred due to the rash and negligent driving of the truck driver and the truck was at a high speed. She has been cross-examined to the effect that the truck was going uphill and was in a slow speed. A suggestion was also put to her that the van was going downhill and was being driven at a high speed. She denied these suggestions. The truck driver did not appear in the witness box. The Insurance Company examined one witness who produced on record the copy of the judgement Ext.RW-3/1/B whereby the driver of the truck was acquitted in the criminal case filed against him. Evidence led before the JMIC, Jubbal in the criminal case was also produced and exhibited RW-3/1/C.