ORIENTAL INSURANCE COMPANY LTD Vs. CHARU AGRAWAL

JUDGEMENT

(1.) The Oriental Insurance Company has challenged the award dated 11-6-97 passed by the Motor Accident Claims Tribunal, Dausa (henceforth to be referred to as 'the Tribunal' for short) whereby the learned Tribunal has granted a compensation of Rs. 6.92,000/- and has held the Insurance Company liable to pay the said compensation along with the National Insurance Company, the respondent No. 9 before this Court.

(2.) The brief facts of the case are that in the night of 17-10-93 Mr. Anoop Agrawal, along with his family members, was travelling in his Maruti car, bearing Registration No. UP-78/G-8210 from Agra to Jaipur. Near Sikandara. a truck, bearing Registration No. RJ-05-G-0038, was parked in the middle of the road. There was no indication from the truck that the said truck is parked in middle of the road. Therefore, the driver of the Maruti ear, Mr. Prem Sagar did not realise that there is a parked truck in the middle of the road. Consequently, the Maruti car, met with an accident with the stationary truck. As a result of the said accident Mr. Anoop Agrawal, the owner of the car died while his other family members suffered injuries. The driver of the car, Mr. Prem Sagar also expired. Since the respondent Nos. 1 to 6 were financially dependant on Mr. Anoop Agrawal, they filed a claim petition against the owner and the driver of the truck and against the two Insurance Companies, the appellant- Insurance Company which had insured the car and the National Insurance Company, which had insured the truck, before the learned Tribunal.

(3.) The appellant-Insurance Company filed its written statement and denied its liability ostensibly on the ground that the owner of the car which was insured by them had died. Therefore, the owner of the car does not come within the definition of the word "third party". Hence, they are not liable for paying the compensation. On the basis of the pleadings of the parties, the learned Tribunal framed five issues. Issue No. 3 was frame'd with regard to the liability of the appellant-Insurance Company for paying the compensation for the death of Anoop Agrawal. In order to support their case, respondent Nos. 1 to 6 examined nine witnesses and submitted 465 documents. After going through the oral and documentary evidence, the learned Tribunal held firstly that accident occurred because of the contributory negligence of the driver of the Maruti car. Secondly, that the appellant-Insurance Company is liable to pay 50% of the compensation amount to the respondent Nos. 1 to 6. Thirdly, that the respondent Nos. 1 to 6 fall within the definition of words