NATIONAL INSURANCE CO LTD Vs. YASHODA DEVI

JUDGEMENT

(1.) This appeal arises out of a judgment and award passed by the District Judge-cum-Motor Accidents Claims Tribunal, Muzaffarpur on 23.8.1994 and the date of award is 3.9.1994. By the judgment and award in question the learned court below granted Rs. 1,20,000 as compensation to the claimant along with interest at the rate of 18 per cent per annum on account of death of Pradeep Shukla, a driver of tanker bearing registration No. BRJ 6366. The compensation was awarded against the National Insurance Co. Ltd., which was insurer of vehicle bearing registration No. BHE 1932. However, the Tribunal has also directed the National Insurance Co. Ltd. to pay Rs. 7,500 to the United India Insurance Co. Ltd. as the company has paid Rs. 15,000. Being aggrieved by the judgment and award the National Insurance Co. Ltd. has filed this appeal.

(2.) The facts of the case in brief are like this. It is said that on 9.2.1988 the vehicle, namely, a tanker bearing registration No. BRJ 6366 owned by one Ajit Kumar and driven by Pradeep Shukla, the deceased, was moving on National Highway No. 28. It was coming from north to south. At the same time another vehicle, a truck bearing the registration No. BHE 1932 driven by one Shanker Mahto was moving towards north. Both the vehicles collided with each other at a place near the village Kodar Katta within the P.S. Motipur and the drivers of both the vehicles died in course of the accident and it is also said that a lady sitting in the truck aforesaid was also killed. There was a case registered in P.S. Motipur as Motipur P.S. Case No. 14 of 1988 under Sections 279, 337 and 304-A, Indian Penal Code. This police case was registered on the statement of one Binod Kumar Choudhary of village Kodar Katta within the Motipur P.S. on 9.2.1988. According to the first information report in the case both the vehicles aforesaid were moving in the opposite directions and they collided with each other resulting in the death of three persons and the informant also further stated that both the vehicles were driven rashly and negligently. One claim application was filed by Yashoda Devi and others being the heirs/ dependants of the deceased Pradeep Shukla, the driver of the tanker and the case was got registered as Claim Case No. 63 of 1988 before the District Judge-cum-Motor Accidents Claims Tribunal, Muzaffarpur. Another case was filed by one Sheela Devi and others being the heirs and legal representatives of late Shanker Mahto, driver of truck No. BHE 1932 which was registered as Claim Case No. 45 of 1988 before the Claims Tribunal, Muzaffarpur. So far as the present appeal is concerned it relates to Claim Case No. 63 of 1988. In this case it was stated on behalf of the claimant that while the deceased Pradeep Shukla was driving on the road a truck bearing No. BHE 1932 being driven by Shanker Mahto dashed against the tanker of Pradeep Shukla on account of rash and negligent driving of the driver of the truck as a result of which Pradeep Shukla lost his life. Accordingly claim was against the owner of the truck BHE 1932 covered by the insurance policy under National Insurance Co. Ltd. (appellant), However, the owner and insurance company of the vehicle BRJ 6366, the tanker were also impleaded in the case. The Claim Case No. 63 of 1988 was tried by the District Judge-cum-Motor Accidents Claims Tribunal, Muzaffarpur and the award was made in favour of the claimants as stated above against which the insurer company has filed this appeal.

(3.) In course of argument it was pointed out by learned Counsel for the appellant that another Claim Case No. 45 of 1988 was tried by the 3rd Additional District Judge-cum-Motor Accidents Claims Tribunal, Muzaffarpur and the order in that case was passed on 12.3.1996. Against this order United India Insurance Co. Ltd. has filed appeal before this Court and the appeal was also disposed of on 7.10.1997 vide Misc. Appeal No. 219 of 1996.