THE ORIENTAL INSURANCE COMPANY LIMITED, THROUGH ITS DIVISIONAL MANAGER, 637 Vs. SMT. JETI DEVI WIDOW OF LATE SHRI SONA RAM

JUDGEMENT

(1.) These appeals under Sec. 173 of the Motor Vehicles Act, 1988 have been filed by the appellant Insurance Company aggrieved against the judgment and awards dated 30/3/2016, whereby, the applications for compensation filed by the claimants have been accepted and Insurance Company has been held liable for making payment of the amount of compensation.

(2.) The applications were filed by Jeti Devi and others, Heero Devi & others inter alia seeking compensation for death of Sona Ram, Devendra & Ugra Ram with the averments that on 18/7/2012 at about 7.00 p.m. three persons Sona Ram, Devendra & Ugra Ram were travelling in Car No.RJ-04-CB-0027 when the offending Tanker No.RJ-13-GA-5603, which was being driving rashly & negligently by Kala Singh, collided with the said Car, resulting in grievous injuries to the said three persons along with other occupants. All the three persons died on the spot. Based on the above averments, various amounts of compensation were sought.

(3.) Reply was filed to the applications by owner & driver of the offending vehicle denying the averments made in the application and alleging that the driver of the Car was negligent, which resulted in the accident and death; as the vehicle was insured, the Insurance Company was liable to make payment of compensation. The non-claimant Insurance Company also filed its response denying the averments made in the application and in additional pleas it was indicated that the accident occurred on account of rash and negligent driving by the driver of the Car; the driver of the Tanker was not in possession of a valid and effective driving licence, the vehicle was being operated without permit and fitness and as the policy conditions have been violated, the Insurance Company is not liable.