NATIONAL INSURANCE CO LTD Vs. KANI DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties. The instant appeal has been preferred by the appellant National Insurance Company Ltd. against the judgment and award dated 7.6.2007 passed by the learned Motor Accident Claims Tribunal, Ratangarh in Motor Accident Claim Case No. 58/2005 (Kani Devi & Ors. vs. Puna Ram & Ors.) whereby the learned Tribunal partly accepted the claim application filed by the claimants being the legal representatives of late Shri Jagdish Prasad and awarded them compensation of Rs. 8,64,000/- holding the appellant insurance company jointly and severally responsible to satisfy the award along with the owner and driver of the vehicle involved in the accident.

(2.) Briefly stated the facts of the case are that on 5.5.2005, Jagdish Prasad was proceeding in his Tempo No. RJ 10/P-4047 from Loha to Ratangarh. Sabir Ali and Aftab Aalam were also sitting in the Tempo. At that time, the non-claimant Puna Ram driving the Truck No. RJ-19/G-4387 rashly and negligently came from the opposite direction and collided with the tempo causing the death of all the three occupants. An F.I.R. was registered in relation to the accident wherein after investigation, a charge-sheet was filed against Puna Ram in the Court of A.C.J.M., Ratangarh for the offence u/sec. 304A IPC. The truck was owned by Pawan Kumar and insured by the appellant company.

(3.) A claim application was filed by the claimants/respondents herein originally impleading the owner, driver and insurer, the appellant herein, of the truck as non-claimants. Thereafter, the same was amended and the owner and insurer of the tempo involved in the accident were also impleaded as non-claimants.