NEW INDIA ASSURANCE COMPANY LTD. Vs. GEETA DEVI

JUDGEMENT

(1.) A Truck bearing registration No. RJ-14-2G-2693 met with an accident due to rash and negligent driving of the driver on 23/1/2004. For the accident aforesaid, Mahesh Nagar, Police Station case No. 27/2004 was registered. The driver of the Truck namely Mohan Lal Nayak and cleaner of the Truck namely Mr. Ghasi died in the accident. The dependents of the victim of Motor Accident filed separate claim cases. Claim case No. 22/2004 was filed by the dependents of Mohan Lal Nayak and Claim case No. 23/2004 was filed by the dependents of Mr. Ghasi.

(2.) By the impugned award dtd. 23/3/2011, the learned Motor Accident Claims Tribunal, Malpura, Tonk, allowed the claim cases and saddled with liability to pay compensation amount against the appellant-New India Assurance Co. Ltd. being insurer of the said Truck. However, liberty was given to the appellant to recover the said amount from the owner of the vehicle. This appeal is against the award made in favour of respondent No. 1 to 7, who are dependents of deceased-Ghasi, vide Claim Case No. 23/2004.

(3.) The appellant has challenged the impugned award only on the ground that since on the date of accident, the Truck was not insured with the appellant, the Tribunal has erred in law and facts in making award enforceable against the appellant also.