NATIONAL INSURANCE CO LTD Vs. DHANNA & ORS

JUDGEMENT

(1.) The appellant/non-claimant, National Insurance Co Ltd., Insurer of the offending vehicle has preferred the present misc. appeals, assailing the judgment and award dated 22.03.2000 of learned Judge, M.A.C.T., Rajsamand, fastening the liability upon the National Insurance Company Ltd. in terms of Hon'ble Supreme Court judgment in the case of New India Assurance Co. Vs. Satpal Singh, 2000 AIR(SC) 235, which later on came to be overruled by the Hon'ble Apex Court itself in the case of New India Assurance Co. Ltd. Vs. Asha Rani & Ors., 2003 AIR(SC) 607, and the claimants have also preferred misc. appeals for enhancement of the compensation on account of unfortunate death of their relatives in the accident in question.

(2.) The relevant findings of the learned Tribunal in the impugned judgment and award about the accident and on Issue No.3 fastening the liability to satisfy the award on the non-claimant, National Insurance Co. Ltd., are quoted herein below for ready reference: -

(3.) It is an admitted position that the decision of the Hon'ble Supreme Court in the case of Satpal Singh has been overruled by the Hon'ble Apex Court in the case of New India Assurance Co. Ltd. Vs. Asha Rani & Ors. . The para 9 of the aforesaid judgment is quoted herein below for ready reference: -