NATIONAL INSURANCE CO. LTD Vs. KAVITA RANI

JUDGEMENT

(1.) QUESTION of law arising for determination in the two appeals being common, the same are being disposed of by a single judgment.

(2.) ON 28th May, 1986, Havildar Rajinder Parshad took army jeep on duty from Yol to Alhilal. Major General Ram Krishan, VSM (Retd), Ex-Col. Commandant Assam Regiment, who had come to visit Yol Camp, under his own arrangement, took lift in the said jeep for going to Palampur, being on way from Yol to Alhilal: Near Aria, bus HIC 516, driven by Nand Kishore, respondent No. 5 and owned by Unemployed Graduate Bus Service, respondent No. 4, came from the opposite direction. According to the claimants, it was being driven rashly and negligently at a very high speed. While it was downhill and on wrong side, it struck against the jeep, as a result of which the jeep was pushed back to the hillside. Consequent to this impact, one side of the jeep was blocked by the hillside and the other by the bus, resulting in breaking out of fire and ultimately burning of the jeep and the bus. Both the occupants of the jeep received multiple injuries. As they could not come out of the jeep, they succumbed to their injuries. It was alleged that the driver of the bus absconded immediately.

(3.) THE insurance company felt aggrieved against the awards made by the Claims Tribunal. Its contention was that the extent of its liability qua the third party claim under the terms of the insurance policy was restricted only to Rs. 50,000/- in respect of one accident and as such the Tribunal was not right in directing the entire amount to be recovered from the insurance company.