NATIONAL INSURANCE COMPANY LIMITED Vs. KEKU DEVI

JUDGEMENT

(1.) These appeals are directed against the judgment and award dated 27.6.2013 passed by the Motor Accident Claims Tribunal, Balotra ('Tribunal'), whereby the Tribunal has awarded compensation to the legal representatives of deceased Rawata Ram and Hema Ram and to the injured Bhanwara Ram.

(2.) The applications for compensation ('application') were filed under Section 163A of the Motor Vehicles Act, 1988 ('the Act') with the averments that on 6.11.2010 at about 7:00 p.m., both the deceased and the injured were travelling in a PICK-UP bearing registration No.RJ-04-G-1548 being driven by driver Dhuda Ram, when the said vehicle collided with a tractor bearing registration No.RJ-21-1R-7724, which resulted in grievous injuries to the occupants of the PICK-UP Van including Bhanwara Ram, to which Rawata Ram and Hema Ram succumbed. The claimants claimed various sums on account of death of Rawata Ram and Hema Ram and for the injuries suffered by Bhanwara Ram. Driver, owner and insurer of the Tractor only were impleaded as parties.

(3.) Replies to the applications were filed by the Insurance Company and non-impleadment of the owner and insurer of the PICK-UP Van was questioned. The Insurance Company also raised other pleas.