NEW INDIA ASSURANCE CO LTD Vs. AMAR CHAND

JUDGEMENT

(1.) In an accident involving a Maruti van No. HP 02-5013 which took place on 22.10.1996 at about 9.30 p.m. at Gasaur, the respondent No. 1, Amar Chand, sustained multiple grievous injuries resulting into cent per cent permanent physical disability.

(2.) The respondent No. 1 approached the learned Motor Accidents Claims Tribunal, Bilaspur (for short, 'the Tribunal') under section 166 of the Motor Vehicles Act, 1988, seeking compensation to the tune of Rs. 8,00,000. It was averred that accident had taken place due to rash and negligent driving on the part of the driver Sanju Kumar, respondent No. 3. Respondent No. 1 pleaded that he was travelling in the offending vehicle as a passenger. Respondent No. 2 Roshan Lai is alleged to be the owner and the appellant is alleged to be the insurer of the offending vehicle.

(3.) The respondent Nos. 2 and 3, while resisting the petition pleaded that the offending vehicle was owned by the respondent No. 1 himself having purchased the same from the previous owner, that is, respondent No. 2 on the day of accident itself vide agreement dated 22.10.1996. They specifically denied that the vehicle was being driven by respondent No. 3 or that the accident was as a result of rash and negligent driving on his part.