ORIENTAL INSURANCE COMPANY LIMITED Vs. KHUSHAL SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 28.8.2000 passed by the Motor Accident Claim Tribunal, Jodhpur ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs.2,19,000/- as compensation to the claimant - Khushal Singh for the injuries suffered by him. The respondents No. 2, 3 and 4 have been exonerated and appellant-Insurance Company along with respondents No.5 and 6 have been held liable for payment of compensation.

(2.) The application for compensation was filed by the claimant with the averments that on 1.5.1996 at about 3:30 am he along with the driver - Hari Singh was travelling in tanker No.RJ- 19-G-0942, wherein, he was engaged as a cleaner, when the said tanker was travelling at Neha Road, Bhimasar Police Station, another truck being driven by respondent - Anar Bhai came from the opposite direction, the driver could not keep control over the truck, which collided with the tanker, resulting in grievous injuries to the claimant and on account of the injuries suffered by him both his legs from below the knees were amputed, grafting was done and based on the said averments, a compensation of Rs.28,33,000/- was claimed.

(3.) Reply to the application was filed by the driver and owner of the tanker contending that the accident occurred on account of rash and negligent driving by driver of the truck and, therefore, they were not liable for making payment of any compensation.