NEW INDIA INSURANCE COMPANY Vs. KHAYALI

JUDGEMENT

(1.) IN the proceeding initiated on the claim petition filed by respondent No. 1 Smt. Khayali, the learned Member of the Motor Accident Claims Tribunal Partabgarh (Camp Chittorgarh) had passed an award for an amount of Re. 9000/ - with costs and interest of Rs. 6% p.a. from the date of the petition to the date of realisation, on account of the accident met by Smt Khayali on 30.5 72 near Sainik School, Chittorgarh. On that day she had left her village Gilund at about 7.30 -8.00 a.m. in a bus in order to attend the marriage of Mangilal at village - -Irani. When the bus stopped near Sainik School, Chittorgarh she got down from it and was trying to take out her children when Truck No. DSL 6175 coming from towards Chittorgarh struck against her. She sustained grievious injury in her leg and was immediately taken to the hospital where she hid to remain for about two months for treatment. She had claimed Rs. 26000/ - in all on various counts by way of damages on account of the Injuries sustained by her. Nathesingh respondent No.2 was the driver of the bus. Nathesingh did not contest the petition and exparte proceedings were ordered against him. The truck Involved In the accident was said to be insured with the appellant New India Insurance Company Limited which contested the petition. After trial it was held that it was on account of rash and negligent driving of the truck insured with the appellant that the accident had taken place. In view of that finding the aforesaid award was passed in favour of the respondent No 1 Smt. Khayali. Being aggrieved by that order, the appellant the New India Insurance Company has preferred this appeal.

(2.) IN the order under appeal dated 24 3 75 the learned Member has limited the liability of the Insurance Company to the extent of Rs 5000/ -only with an order that the remaining amount will be recoverable from Nathesingh. Being dissatisfied by this part of the order limiting the liability of the Insurance Company cross objection has been filed by Smt. Khayali.

(3.) MR . Maheshwari, learned Counsel for the appellant has argued that the number and date of the policy hiving not been given by the injured it was not possible for the Insurance Company to meet out the case and therefore, the learned Member of Tribunal has erred in arriving at a conclusion that the truck was insured with the appellant company.