JAMNA LAL Vs. KISHAN KUMAR

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and award dated 1st September, 1998 whereby the learned Motor Accident Claims Tribunal, Tonk awarded compensation of Rs. 1,98,000/- in favour of the Appellant-claimants No. 1 to 3 limiting the liability of Respondent No. 3-the National Insurance Co. to the amount of Rs. 1,50,000/- and rest of the amount of compensation to be paid by Respondent No. 2-Om Prakash Sethi, together with interest @ 9% per annum to be realized from the date of filing application, till the date of actual realisation of the amount of compensation.

(2.) Contextual facts of the case, in nub, depict that on 9th May, 1981 the Appellant Jamna Lal and his family members were going in a Truck bearing registration No. RRM-6825 from Gumanpura to their village. They had paid the fare to the driver of the Truck. It is alleged that the driver of the truck drove the same very rashly and negligently at an excessive speed, as a result for which the Truck turned turtle resulting into the death for Mst. Ramdayali, Bharatraj, Kekraj and Kumari Mamta and serious injuries to some of the persons, who were sitting inside the Truck. The Appellant filed a petition before the Motor Accident Claims Tribunal and claimed compensation of Rs. 2,87,700/-. The learned Tribunal passed an award of Rs. 1,98,000/-, but the liability of the Insurance Co. was limited only up to Section 1,50,000/-. the Appellant has beseeched to allow the appeal and pass an award for a sum of Rs. 2,87,700/-in his favour and against all the Respondents jointly and severally along with interest @ 9% p.a. from the date of filing the claim, till realization.

(3.) Respondent No. 3 the National Insurance Co. has filed cross objections imploring to dismiss the appeal with cost and absolve the Insurance Co. from its liability. It is stated by Respondent No. 3 that the learned Tribunal fastened the liability to pay the amount of Rs. 1,50,000/- on the Appellant in the light of the judgment pronounced by the Hon'ble Apex Court in the case of Mallawa and Ors. v. The Oriental Insurance Co. Ltd., 1998 8 JT 217, which stood already over ruled.