NATIONAL INSURANCE CO LTD Vs. SAVITRI

JUDGEMENT

(1.) This miscellaneous appeal has been preferred by the insurance company challenging the award of the Motor Accidents Claims Tribunal, Neem Ka Thana (Sikar), dated 21.12.1998 in Case No. 5 of 1991 wherein a sum of Rs. 1,66,000 has been awarded along with interest to the claimants now respondent Nos. 1 to 4.

(2.) The claimants had preferred the claim as legal heirs of deceased Pappu on account of the accident between truck No. RJV 4110 being driven by the deceased and owned by respondent No. 5 and jeep No. RJ 23-0326 being driven by respondent No. 6 and owned by respondent No. 7. The accident was caused on 21.9.1990 on the road from Neem Ka Thana to Sikar near Guhala. The jeep was insured by the New India Assurance Co. Ltd. and the truck was insured with National Insurance Co. Ltd.

(3.) AWs 3 and 4 have stated that the accident had been caused on account of the negligence of the driver of the jeep whereas NAW 1 and NAW 2 had deposed that the accident had been caused because of the s.ole negligence of the driver of the truck. The deceased was the driver of the truck. The Tribunal had given a finding to the effect that the accident had been caused due to the negligence of the truck driver. The Tribunal had further held the liability of compensation to be paid on the shoulders of the owner of the truck and the appellant non-claimant No. 5 solely, i.e., National Insurance Co. Ltd.