NEW INDIA ASSURANCE CO LTD Vs. JAGANNATH SINGH

JUDGEMENT

(1.) THESE appeals Accidents Claims Tribunal, Jaipur, datedhave been filed under Section 110 -D, Motor 29.1.1988, awarding compensation to the Vehicles Act, 1939, against the common claimants -respondents as noted below: judgment of the learned Judge, Motor -S. No. No. and No. and Name of Amount Amountyear of year of deceased claimed awardedappeal claim case -(1) 154 of 1988 251 of 1985 Hempal Rs. 11,46,600/ - Rs. 2,36,320/ -(2) 271 of 1988 253 of 1985 Jagdish Rs. 6,20,000/ - Rs. 1,47,040/ -(3) 270 of 1988 252 of 1985 Srinarayan Rs. 12,63,000/ - Rs. 2,28,640/ - -

(2.) THE facts of the case giving rise to these appeals may be summarised thus. On 5.5.1985, at about 6.30 p.m., deceased Hempal, Srinarayan and Jagdish Narayan were going on motor cycle No. RRG 1189 to Jaipur from Bassi. It was being driven by the deceased Hempal on the correct side of the road. When it was near the octroi outpost, truck No. RNB 1677 came from the opposite direction rashly and negligently and struck the motor cycle resulting in the death of all the three riders. Claim petitions were accordingly filed by their legal representatives against the owner, driver and insurer of the said truck, i.e., Ratanlal Agrawal, respondent No. 5, Ranjeet Singh and New India Assurance Co. Ltd., appellant, respectively. Mehar Singh, the special power of attorney holder of the owner, was also impleaded as an opposite party. All of them filed their replies admitting that the truck was owned by Ratanlal Agrawal, it was insured with the appellant insurance company and was being driven at the time of the accident by its driver, Ranjeet Singh and the accident took place. The remaining averments of the claim petitions were denied. After framing necessary issues and recording the evidence of the claimants, the learned Tribunal awarded the said amounts. No opposite party produced any evidence.

(3.) IT has been contended by the learned counsel for the appellant that the learned Tribunal has seriously erred to make liable the appellant insurance company to pay the entire amount of compensation in utter disregard of the provisions of Section 95 (2) (a) of the Motor Vehicles Act, 1939. The learned counsel for claimants -respondents and owner respondent duly supported the awards of the Tribunal by which the owner, driver and insurer have been made jointly and severally liable to pay the entire amounts of the awards.