NATIONAL INSURANCE CO LTD Vs. RATTANI DEVI

JUDGEMENT

(1.) The award dated 5.1.2002 of the Motor Accidents Claims Tribunal, Bilaspur (for short 'the Tribunal') whereby compensation amounting to Rs. 2,30,000 has been awarded in favour of Rattani Devi, claimant-respondent No. 1, for the death of her son Gopal Dass, is under challenge in the present appeal preferred by appellant insurance company, the insurer of the offending truck No. HP 24-1785. Respondent No. 2 was the driver while respondent No. 3 is the owner of the said truck.

(2.) In a motor vehicle accident which is alleged to have taken place on 25.3.2000 at about 10.30 p.m. at Ghagus, Gopal Dass, son of the claimant-respondent No. 1 had died. While seeking compensation for the death of her son, it was pleaded that truck bearing No. HP 24-1785 belonging to respondent No. 3 was involved in the accident and that the accident had taken place due to rash and negligent driving on the part of the driver, respondent No. 2.

(3.) The respondent Nos. 2 and 3 while resisting the petition pleaded that their truck bearing No. HP 24-1785 was not involved in the accident.