NATIONAL INSURANCE CO LTD Vs. KAMLA KAMLA KANWAR

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 21.8.1991 passed by the Motor Accidents Claims Tribunal, Udaipur (hereinafter for short 'the Tribunal'), whereby the Tribunal awarded compensation of Rs. 1,50,000 in favour of respondents-claimants (hereinafter for short 'the claimants') and against the appellant.

(2.) The brief facts of the case which are necessary for disposal of the appeal are that; on 19.5.87 at about 9 a.m., deceased Abhey Singh, driver of autorickshaw No. RRY 2062 was proceeding from the road leading to Fateh High School, Udaipur, at that relevant time, a bus No. RJY 4703 came from opposite direction which was driven rashly and negligently by driver respondent No. 5 Devi Lal, hit the auto-rickshaw. Due to this accident, the driver of autorickshaw Abhey Singh and other passengers of autorickshaw, viz., Ram Singh and Roop Singh sustained severe injuries and Abhey Singh succumbed to injuries. The legal representatives of deceased Abhey Singh filed a claim petition before the learned Tribunal claiming compensation of Rs. 4,30,000 against the driver Devi Lal, respondent No. 5, owner Mohan Lal and the appellant insurer.

(3.) On notice, the appellant insurer and owner of the vehicle involved in accident filed their respective written statements. Tribunal framed as many as four issues and by impugned judgment and award, granted compensation of Rs. 1,50,000 to the claimants and held the appellant insurer liable to pay the entire amount of award.