HINDUSTAN ZINC LTD Vs. M L KHUTEDA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) These two appeals and the cross-objection of the claimant are against the award dated 8.4.1996 passed by the Motor Accidents Claims Tribunal, Bhilwara in Claim Case No. 505 of 1992 (180 of 1991) by which the learned Tribunal awarded claim of total Rs. 2,61,000 to claimants-respondents.

(3.) Brief facts of the case are that the accident took place between jeep No. RJ 6-C 102 with dumper No. 2232. Both the vehicles were owned by the respondent Hindustan Zinc Ltd. The dumper was insured with United India Insurance Co. Ltd. whereas the jeep was insured with Oriental Insurance Co. Ltd. In the accident, the driver of the jeep Bhanwarlal expired. The Tribunal held that the accident was caused due to rash and negligent driving of Kanhaiyalal, the driver of the dumper and held that death was not caused because of any negligence of the deceased Bhanwarlal. However, while deciding the issue No. 5, the Tribunal held that the risk of third party, particularly, employees of the owner of the vehicle was not covered in the policy of United India Insurance Co. Ltd. and, therefore, held that the owner of the vehicle Hindustan Zinc Ltd. and Oriental Insurance Co. Ltd. are liable jointly and severally. The Tribunal exonerated United India Insurance Co. Ltd. from the liability to reimburse the claim amount.