UNITED INDIA INSURANCE COMPANY LIMITED Vs. BHUPINDER SINGH

JUDGEMENT

(1.) In this appeal, the United India Insurance Company, has challenged the Award of the Motor Accidents Claims Tribunal Kathua passed on 12-3-1993 on the sole ground of non-maintainability of the claim petition by Bhupinder Singh, respondent 1, who was the driver of the vehicle, which allegedly met with an accident resulting in the loss of Petrol and Diesel from out of the vehicle driven by Bhupinder Singh himself.

(2.) Brief facts of the case are that on 14-8-199l at about 12.30 P. M. a collision took place between Oil Tanker No. JKP-2232 driven by Bhupinder Singh, claimant, and JK02-7787 driven by Harbans Lal, respondent. Bal Krishen, respondent, was the owner of the truck. Oriental Insurance Company Ltd. was the insurer of this truck, whereas United India Insurance Company limited, the appellant in the present appeal, was the insurer of the Tanker JKP-2232, driven by Bhupinder Singh, claimant (respondent No. 1 in the present appeal). The case of the claimant was that as a result of collision between two vehicles, Petrol and Diesel in the vehicle driven by Bhupinder Singh, spilt over and came out resulting in loss to him to the tune of Rs. 81,141.20. In the claim petition filed, he claimed this amount from the respondents.

(3.) The Tribunal after discussing the points involved in the case held that Bhupinder Singh himself was responsible for causing the accident, because of his rash and negligent driving of the Oil Tanker and because his Oil Tanker was insured with appellant United India Insurance Company Limited, it passed an award for Rs. 76,676 /- and directed that out of this amount Rs. 61,341/ shall be paid by the appellant United India Insurance Company, and Rs. 6000 / - by respondent, Oriental Insurance Company Limited, and the balance amount of Rs. 9335 / - shall be paid by other respondents. The amount of compensation was to carry interest at the rate of 12 per cent per annum.