UNITED INDIA INSURANCE CO. LTD. Vs. LAXMI DEVI

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of the Motor Accidents Claims Tribunal, Banswara, dated 30.9.1987 awarding Rs. 2,20,000/ -as compensation with interest at the rate of 12 per cent per annum to the claimants against the owner, driver and insurer of the offending vehicle.

(2.) THE facts of the case may be summarised thus: The deceased Jawahar Lal Kapoor was travelling in taxi car No. RRT 557 on 10.5.1984. It was being driven by its owner Ramesh Chandra rashly and negligently. As a result thereof, it fell down in a deep ditch. Ramesh Chandra and Jawahar Lal Kapoor died on the spot. The legal representatives of the deceased Jawahar Lal (claimants) filed the claim petition against the heirs and successors of Ramesh Chandra, owner -cum -driver of the taxi car and its insurer, i.e., United India Insurance Co. Ltd.The claim petition was resisted by the non -petitioners. After framing necessary issues and recording the evidence of the parties the Motor Accidents Claims Tribunal awarded the said amount as compensation.

(3.) IN reply, it has been contended by the learned Counsel for the claimants and owner that the insurance policy of the said offending taxi car No. RRT 557 was comprehensive and as such the Tribunal has held the appellant liable to the full extent.