NATIONAL INSURANCE CO. LTD. Vs. LALITA PRABHAKAR

JUDGEMENT

(1.) THE above noted appeal and cross objections arising out of the award dated 27.7.88 of the learned Motor Accidents Claims Tribunal (III), Kangra at Dharamshala, hereinafter referred to as the Tribunal, under Section 110 A, Motor Vehicles Act, 1939, are proposed to be disposed of by this single judgment.

(2.) IN an accident involving motor cycle No. PBO 5575 and an army truck bearing tag No. 257 and a bus belonging to Himachal Road Transport Corporation bearing registration No. HPK 5713, which took place on 25.1.1987 at about 2 p.m. at Thakurdwara near Palampur, one A.D. Prabhakar, son of Khushi Ram of Dehra, District Kangra, had sustained multiple grievous injuries and he died while being carried to P.G.I., Chandigarh.

(3.) RESPONDENT Nos. 7 and 8 are the driver and owner, respectively, of the motor cycle, while appellant before this Court is the insurer thereof. They are being referred to as driver of motor cycle, owner and the insurance company, respectively, hereinafter.