NEW INDIA ASSURANCE CO LTD Vs. SUSHMA @ SUSHILA

JUDGEMENT

(1.) The present appeals preferred under Section 173 of the Motor Vehicles Act, 1988 lay challenge to a common judgment and award dated 17.11.2017, passed by learned Motor Accident Claims Tribunal, Merta, District Nagour, (hereinafter referred to as 'the Tribunal'), whereby it has allowed the claims filed by the claimants.

(2.) The facts in nutshell, necessary for the adjudication of the present appeals are that the claimant Sushma as a pillion was going on a motorcycle from Merta to Nagour, along with her husband Kamal Kishore, when a swift car bearing Registration No. RJ 35 CA 0181 being rashly and negligently driven by the respondent No.1, coming on the wrong side hit the motorcycle from front side, as a result whereof Kamal Kishore and the claimant Sushma got grievous injuries, causing death of Kamal Kishore. The respondent - claimant Sushma has filed two claim petitions; one for the injuries sustained by her, whereas the other claim being claim petition No.33/2017 was filed in relation to the death of her husband Kamal Kishore. Her sons, daughter and mother also joined her in the said claim petition as claimants.

(3.) The appellant Insurance Company filed a written statement and contested the claims on various counts, including noninvolvement of the car in question, which was insured with it. On the basis of pleadings of the parties, the Tribunal below had framed issue No.1, which related to the factum of the accident, involvement of the swift car and negligence of its driver and resultant death of Kamal Kishore and grievous injuries to Sushma.