UNITED INDIA INSURANCE COMPANY LIMITED Vs. MOHANI

JUDGEMENT

(1.) The appellant-Insurance Company has filed the present civil miscellaneous appeal under Sec. 173 of the Motor Vehicles Act, 1988 against judgment and award dtd. 23/4/2009 passed by Motor Accident Claims Tribunal, Parbatsar (hereinafter referred to as the learned Tribunal) in Claim Case no. 13/2007, whereby, the learned Tribunal has awarded a sum of Rs.2,32,200.00 as compensation to the claimants on account of death of Bhagu Ram along with interest and has held the appellant-Insurance Company alongwith the owner and driver of the vehicle jointly and severally liable for payment of compensation.

(2.) The facts in a nutshell giving rise to the present appeal are that on 23/11/2006, the deceased Bhagu Ram and Rameshwar alongwith one Sanju were travelling in a jeep bearing registration number RJ 14 1C 6702 which was being driven by Harendra Singh (respondent no. 5 herein). The jeep collided with a tree and turned upside down on account of which Bhagu Ram died on spot and Rameshwar died during his treatment.

(3.) The Tribunal after hearing the parties, inter alia, held that since the jeep was insured on the date of the accident, the respondent- Insurance Company is jointly and severally liable alongwith respondent nos. 1, 2 and 3. After determining the compensation based on the income and age of the deceased, learned Tribunal passed the award aforesaid.