SMT. ZUBAIDA KHATOON W/O LT. SH. M.I. KHAN, AGED 54 YEARS Vs. NATIONAL INSURANCE COMPANY LIMITED, M.I. ROAD, JAIPUR

JUDGEMENT

(1.) Since these three appeals have been preferred against one order dated 20.2.1999 passed by Motor Accident Claims Tribunal, Jaipur, therefore, they have been heard analogously and are being disposed of by this common order.

(2.) Two claim petitions, in respect of one accident occurred on 8.11.1991, were instituted by claimants with the averments that driver of Truck No.HYG-1575 came with fast speed from wrong side, struck with Car No.RPI 2787, resulting into death of M.I. Khan, Advocate and injuries to Narsingh Lal. Two claim Petitions were filed, one by the legal representatives of late M.I. Khan (Jubeda & Others) and other by the injured Narsingh Lal Yadav. The learned tribunal awarded compensation in the sum of Rs.1975000.00 to the Legal Representatives of late M.I. Khan (Jubeda and other) and Rs.102000 to injured Narsingh Lal Yadav. Appeal No.7/2000 has been preferred by Jubeda and others, for enhancement of compensation awarded. The compensation has been called in question in Appeals No.810/1999 and 811/1999 by the insurance company.

(3.) A preliminary objection was raised by the claimants in Appeals No.810/1999 and 811/1999 that defence is not available to the appellant insurance company in view of section 170 of the Motor vehicles Act, 1988 (in short the Act). The preliminary objection was decided by this court vide judgment dated 9.7.1999 and both these appeals were dismissed. Two SLPs were preferred by the insurance company against this order dated 9.7.1999 before Apex Court which were allowed and the Civil Appeals No.6681-6682 of 2013, culminated from the said SLPs, were decided by the Apex Court on 8.8.2013. In view of the decision given in United India Insurance Limited Vs. Shila Datta and Others, reported in 2011 (10) SCC 509 , it was held by Apex Court that the reasoning and conclusion reached by the High Court is incorrect. Consequently, the same was set aside and the matters were remitted back to the High Court for fresh disposal in accordance with law.