NATIONAL INSURANCE CO LTD Vs. RUKMANI

JUDGEMENT

(1.) These appeals have been filed by the appellants National Insurance Co. Ltd., Jaipur and Rujasthan State Road Transport Corporation, Jaipur under section 173 of Motor Vehicles Act, 1988 against the award dated 15.10.1993 passed by learned Judge, Motor Accidents Claims Tribunal, Ajmer, in M.A.C.T. Case Nos. 135 and 188 of 1987.

(2.) This appeal has been filed by National Insurance Co. Ltd. against the award passed by the M.A.C.T., Ajmer in Claim Petition No. 135 of 1987 filed by respondent Nos. 1 to 4. On account of death of Bholu, who met with an accident involving bus No. RNM 7284 which was owned by respondent No. 6 and was given on contract to Rajasthan State Road Transport Corporation, Jaipur, respondent No. 7 and insured with appellant National Insurance Co. Ltd. Learned Tribunal had awarded an amount of Rs. 4,25,000 by way of compensation to the claimants-respondents.

(3.) The submission of learned counsel for the appellant is that learned Tribunal has erred in directing that the liability of the owner, i.e., the insured, the insurance company and the respondent No. 7, i.e., R.S.R.T.C. would be joint and several. The further submission of the appellant is that the liability of the insurance company ought to have been made limited in view of the statutory provisions of section 95 (2) (b) of the Motor Vehicles Act, 1939.