NATIONAL INSURANCE CO LTD. Vs. SHRI KABU

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present appeal has been filed against the Judgment and Award dtd. 22/10/2003 passed by Motor Accident Claims Tribunal, Kushalgarh, Sub - Divisonal Area, Banswara (hereinafter referred to as 'the tribunal') in Claim Case No.01/2001, whereby the claim petition preferred by the respondent/claimant Nos.1 and 2 was allowed.

(3.) Briefly noted the facts in the present appeal are that the Jeep bearing No. RJ-03-C-01148 was insured with the present appellant as per 'Act Only Policy'. The Jeep was owned by respondent No.4 - Mohanlal and the same was driven by respondent No.3 - Badamilal, which met with an accident on 24/6/2000, while going from Anandpuri to Choradi. At the time of accident, six to seven passengers were traveling in the Jeep including one - Suresh Chandra, who died in the accident. On account of the death of Suresh Chandra, respondent Nos.1 and 2 filed a claim petition before the learned tribunal and the tribunal vide its Judgment and Award dtd. 22/10/2003 holding that insurance company and owner/driver were jointly and severly liable to indemnify the award amount, awarded an amount of Rs.1,70,000.00 in favour of the claimants. Hence, the present appeal has been filed by the appellant - insurance company assailing the validity of the order dtd. 22/10/2003.