NEW INDIA INSURANCE CO LTD Vs. SARDA DEVI

JUDGEMENT

(1.) These three appeals arise out of a common award dt. 7th July, 1979, passed by the Judicial Commissioner, Ranchi, in M.J.C. (Motor Claims) case No. 123 of 1977 whereby and whereunder an application for claim filed on behalf of Smt. Sarda Devi, Pratibha Devi and Laxmi Narain Singh in terms of S.110A of the Motor Vehicles Act (hereinafter called for brevity as 'the Act') for grant of compensation on account of the death of one Vidyadhar Singh was allowed. Miscellaneous Appeal No. 73 of 1979(R) has been filed by the New India Insurance Company Ltd. The appellant of the aforementioned appeal has mainly challenged the award, inter alia on the ground that the said Insurance Company is not liable to pay any amount of compensation as the truck in question was not insured with it. It has further been contended that the claim petition filed as against the said appellant is barred by limitation.

(2.) Miscellaneous Appeal No. 75 of 1979(R) has been filed on behalf of the claimants. In the said appeal an award relating to the quantum of compensation granted by the learned tribunal below is in question. It has been contended inter alia, in the aforementioned appeal that appellant No. 1 Smt. Sarda Devi, who was the mother of the deceased, was also entitled to compensation. In the said appeal, the appellants have claimed compensation to the extent of Rs. 50,000/- besides the compensation awarded by the learned Tribunal below.

(3.) Miscellaneous Appeal No. 77 of 1979(R) has been filed on behalf of M/s. Oriental Fire and General Insurance Company Ltd. In the said appeal, inter alia, it has been contended that the said company is not liable to pay any compensation in view of the fact that it has been found by the learned court below itself that the driver of the car in question which was insured with it was not negligent but the driver of the truck with which the car collided was being driven rashly and negligently. It has been contended that the negligence on the part of the driver of the car has not been proved and as such the appellant company is not liable to pay any compensation in respect thereof. In this appeal, the amount of compensation granted to the claimants has also been questioned.