UNITED INDIA INSURANCE CO. LTD Vs. SHIVRAJ

JUDGEMENT

(1.) THE appeal, under Section 110-D of the Motor Vehicles Act, has been preferred by United India Insurance Co. Ltd. against the award dated June 3, 1988 passed by the Motor Accidents Claims Tribunal, Tonk, in M.A.C.T. Petition No. 17 of 1982, awarding Rs. 40,000/- to the respondent Nos. 1 and 2, who were the parents of the deceased, Sita Ram on the finding that the accident took place because of the negligent and reckless driving of the bus No. RBL 1001 by its driver Laddoo, respondent No. 3. The aforesaid bus had been given to the State of Rajasthan in connection with the panchayat elections.

(2.) THE claim petition was contested by the appellant, United India Insurance Co. Ltd., on the ground that since the bus had been given to the State of Rajasthan for panchayat elections, the appellant was not liable to pay compensation towards damages suffered on account of the death of Sita Ram.

(3.) AGAINST the aforesaid award this appeal has been filed by the Insurance Company.