RAM KUMAR Vs. MANGAL CHAND

JUDGEMENT

(1.) These appeals under Section 173 of the Motor Vehicles Act 1988 ('the Act') filed by the appellant-owner are directed against the judgment and award dated 11.12.2008 passed by the Motor Accident Claims Tribunal, Bhadra ('the Tribunal'), whereby, the Tribunal exonerated the Insurance Company from liability to pay the compensation awarded, however, directed the Insurance Company to first pay the amount of compensation awarded and then recover the same from the appellant-owner.

(2.) The brief facts of the case may be noticed thus: claimant Mangal Chand owner and driver of vehicle RJ31-T-0109 was travelling alongwith five persons on 10.11.2006 at about 11.45 AM on the main road Raslana when Narendra Kumar driving vehicle Pick-up RJ10-GA-0509 while working under the employment of Ram Kumar appellant collided with the said vehicle driven by Mangal Chand, which resulted in serious injuries to Mangal Chand and occupant of the said vehicle Smt. Nani Devi W/o Ami Lal died.

(3.) The claimant Mangal Chand and legal representatives of deceased Smt. Nani Devi filed applications for compensation ('the application') seeking sum of Rs.20,30,000/- and Rs.25,00,000/- as compensation respectively. It was, inter alia, claimed that Narendra Kumar driver of the Pick-up was driving the vehicle rashly and negligently, which resulted in the accident and, therefore, under various heads the claimants were entitled to seek compensation for the injuries suffered by Mangal Chand and on account of death of Smt. Nani Devi.