UNITED INDIA INSURANCE COMPANY LTD. Vs. REKHA DEVI

JUDGEMENT

(1.) The present appeals are arising out of a common Judgment and Award dated 15.06.2019 passed by Motor Accident Claims Tribunal, Rajsamand in Motor Accident Claim Case Nos. 207/2018, 308/2018 and 310/2018. Therefore, the present appeals are being disposed of by this common order.

(2.) Learned counsel for the appellants while assailing the validity of the Judgment and Award dated 15.06.2019 vehemently submitted that the Tribunal committed an error while fastening the liability upon Insurance Company and not appreciated the facts in correct perspective. He further submits that the finding on Issue No. 1 is incorrect for the reason that vehicle was being driven by Prahlad @ Pintu and not by Narayan Lal. He further submits that his contention is also fortified from the fact that the name of the driver shown in the F.I.R. is also Prahlad @ Pintu and not Narayan Lal. Thus, the Tribunal committed a factual error in considering the fact that the offending vehicle was being driven by Narayan Lal.

(3.) Learned counsel appearing for the Insurance Company, while giving challenge to the finding of Tribunal on Issue No. 1, has vehemently submitted that the bus was driven rashly and negligently by its driver, which resulted into an accident and no fault can be found with the Insurance Company to pay the damages for the mistakes committed by the driver of the bus.