NATIONAL INSURANCE CO LTD Vs. PARAS

JUDGEMENT

(1.) IN all these 8 appeals by the insurance company a common question of law is involved, hence they are disposed of by a common judgment. Facts of Appeal No. 125 of 1992:

(2.) THIS appeal is directed against the award passed by M.A.C.T., Balotra, dated 28/29.11.1991 in M.A.C.T. Case No. 25 of 1989. Oat Singh with other passengers was travelling in Nissan Jonga No. RRQ 7577, which was driven by defendant -respondent No. 4, Hassan Ali. In an attempt to overtake truck No. RRW 321, it collided with the truck, as a result of which Oat Singh suffered injuries and died on 18.9.1988. The claimant -respondent Nos. 1 to 3 who are the legal representatives of deceased lodged a claim of Rs. 14,36,000/ - against the driver and the owner of the vehicle as well as the insurance company with whom the jeep was insured. The Tribunal awarded a sum of Rs. 47,000/ - as compensation. The insurance company was held responsible for the entire sum awarded. Facts of Appeal No. 126 of 1992:

(3.) THIS appeal is directed against the award passed by M.A.C.T., Balotra, dated 28/29.11.1991 in M.A.C.T. Case No. 31 of 1989. Pata Ram with other passengers was travelling in Nissan Jonga No. RRQ 7577, which was driven by defendant -respondent No. 4, Hassan Ali. In an attempt to overtake the truck No. RRW 321, it collided with the truck, as a result of which Pata Ram received multiple injuries. He lodged a claim for Rs. 5,34,000/ - for compensation against the driver and owner of the vehicle and the insurance company, with whom the jeep was insured. The Tribunal awarded a sum of Rs. 10,000/ - as compensation and held insurance company liable for the entire sum awarded. Facts of Appeal No. 233 of 1992: