DEVI LAL Vs. SUNANDA DEVI

JUDGEMENT

(1.) ­This appeal is directed against the judgment and award dated 19.12.92 passed by Motor Accident Claims Tribunal, Bikaner (hereinafter referred to as 'the Tribunal) whereby the Tribunal awarded compensation of Rs. 3,00,000/- in favour of respondent-claimants No. 1 to 3 (hereinafter referred to as 'the claimants) and against the appellants and respondent No.4. However, the Tribunal held that the liability of respondent No. 4 the New India Assurance Company Ltd., Sriganganagar (hereinafter for short 'the insurer) was limited to the extent of Rs. 50,000/- and the appellants were held liable for the amount beyond Rs. 50,000/-.

(2.) AGGRIEVED by the judgment and award, the appellants, who are owner and driver of jeep No. RRT 3671 involved in the accident, filed this appeal.

(3.) BRIEF facts of the case, which are necessary for decision of this appeal are that on 26.11.86 deceased B.N. Mane, an employee of Military was proceeding on a motor cycle ahead of military convoy from Bikaner to Lunkaransar. He was riding army motor cycle No. 81 -A 21964. When he reached near Hansera river bridge, at that time jeep No. RRT 3671 came from opposite direction, which was driven at a great appellant No. 2 and hit the motor cycle driven by the deceased B.N. Mane. Due to this accident, the motor cyclist B.N. Mane sustained severe injuries and he was immediately taken to Military Hospital, Bikaner and thereafter looking to the serious condition of the injured, he was taken to Army Hospital, Delhi Cant on 30.11.86. He was admitted for treatment at Army Hospital, Delhi Cant in unconscious condition. Inspite of the efforts of the doctors, he could not be saved and ultimately succumbed to the injuries on 4.12.86 at Army Hospital, Delhi Cant.