NATIONAL INSURANCE CO LTD Vs. RAMBALI DEVI

JUDGEMENT

(1.) THIS appeal has been filed by the Insurance Company, that is, the National Insurance Company Limited. The letters patent appeal is arising out of a Miscellaneous Appeal No. 582 of 1998, M/s. National Insurance Co. Ltd. v. Rambali Devi and Ors. The miscellaneous appeal had been filed after the 1st Additional District Judge-cum-Motor Vehicles Tribunal, Muzaffarpur in Claims, Case No. 8 of 1995/4 of 1996 awarded a sum of Rs. 1,61,540/- to the deceased's claimants, that is, his widow and children.

(2.) IN the appeal and in the present letters patent appeal arguments had been addressed very strenuously on behalf of the INsurance Company that the claimants were not entitled to any compensation at all and given an occasion even Rs. 1,61,540/- should not have been awarded by the Tribunal. This argument has been advanced on the proposition that the INsurance Company is entitled to address the Court on a no fault liability. Thus, it is suggested to the Court that the INsurance Company has no liability to pay the compensation as awarded either by the Claims Tribunal or in the miscellaneous appeal heard by a learned Judge of the High Court. The no fault liability arguments regard being had to the circumstances of the case is ridiculous. The accident took place while the deceased was urinating on the side of the road and was hit by a tractor's trailer.

(3.) THE Court is not inclined to interfere on this letters patent appeal.