NATIONAL INSURANCE CO LTD Vs. MACT JAIPUR

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) Relying on the decision of the Apex Court in cases of New India Assurance Company Ltd. v. Smt. Sita Bai (2000 (1) TAC 3; New India Assurance Company Ltd. v. Bhagwati Devi (1999 (2) TAC 441; National Insurance Co. Ltd. v. Jijubhai Nathuji Dabhi (Smt.) (1997 ) 1 SCC 66; and, Oriental Insurance Co. Ltd. v. Sunita Rathi (1998 (1) TAC 697; learned counsel for the petitioner submitted that the Assurance Company in the claim petition field by the claimants for the compensation for the death of their bread earner was not necesasry party.

(3.) It has next been contended that when the Company was not necessary party, the Tribunal has committed a serious error of jurisdiction to order for payment of Rs. 50,000.00 to the claimants under Section 140 of the Motor Vehicles Act, 1988 on the principle of no fault liability by the Company.