ORIENTAL INSURANCE CO LTD Vs. SUNITA DHANDA

JUDGEMENT

(1.) BOTH these appeals referred to above, arise out of the same award dated 18.11.1988 of the learned Motor Accidents Claims Tribunal, Jaipur, (for short 'the Tribunal'), passed in Motor Accident Claim Case No. 168 of 1983 and, hence, they are being disposed of by this common judgment. Claimant, Parmendra Nath Dhanda (who has since died during the pendency of the appeals and his legal heirs have been brought on record as the appellants in the Appeal No. 133 of 1989, and, was respondent No. 1 in the Appeal No. 65 of 1989, hereinafter referred to as 'the claimants'), filed a claim petition against the truck driver, Jaswant Singh (respondent No. 1 in Appeal No. 133 of 1989 and respondent No. 2 in Appeal No. 65 of 1989, hereinafter referred to as 'the truck driver'), D.M.H.P. Sales Ltd., Delhi, (respondent No. 2 in Appeal No. 133 of 1989 and respondent No. 3 in Appeal No. 65 of 1989, hereinafter referred to as 'the truck owner'), the truck insurer, Oriental Insurance Co. Ltd. (respondent No. 3 in Appeal No. 133 of 1989 and appellant in the Appeal No. 65 of 1989, hereinafter referred to as 'the truck insurer') and taxi car insurer, National Insurance Co. Ltd. (respondent No. 4 in both the appeals and hereinafter referred to as 'the taxi car insurer') alleging that on 20.12.1982 at about 3.30 p.m., the taxi car No. RST 5018 owned by claimant was going from Jaipur to Ajmer. Near Dudu, the truck No. PUS 9703 coming from opposite side struck the taxi car resulting in complete damage of the taxi car. The claimant claimed compensation to the tune of Rs. 1,24,300 for the damage of taxi car. After considering the evidence of both the sides, the learned Tribunal awarded a total compensation of Rs. 1,00,300 to the claimant and against the truck owner, the truck driver and the truck insurer making them liable jointly and severally. The claim was, however, dismissed against the taxi car insurer.

(2.) FEELING aggrieved thereby, the truck insurer has preferred the Appeal No. 65 of 1989, while the claimant, Appeal No. 133 of 1989.

(3.) LEARNED counsel for the appellant truck insurer has categorically argued that the maximum liability under the insurance policy in respect of the damage of property was Rs. 50,000, and as such, it is not liable to pay the whole amount of the award.