MALA RAM Vs. MOHAN RAM

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the instant appeal is being decided finally at the stage of admission.

(2.) The instant appeal has been preferred by the appellants (non-claimants before the Tribunal) for assailing the judgment and award dated 19.10.2019 passed by the learned Judge, MACT, Merta in MAC No.25/2019 whereby, the claim application filed by the respondent No.1 Mohan Ram (injured-claimant) under Sections 166/140 of the Motor Vehicles Act was accepted and while awarding damages to the tune of Rs.4,25,820/- to the claimant, the respondent-Insurance Company was exonerated from the liability to satisfy the award and the appellants herein being the driver and owner respectively of the Trailer No.RJ19 GE- 8007 involved in the accident were held responsible to satisfy the award. The appellants herein have approached this Court by way of this appeal so as to assail the findings recorded by the Tribunal at Paras No.29 to 32 of the impugned award whereby, the Insurance Company was exonerated from the liability and the appellants herein were held jointly and severally responsible to bear the award.

(3.) Learned counsel Shri Trivedi representing the appellants vehemently and fervently contended that as per the impugned judgment, the Insurance Policy was a package policy. The injured- claimant was sitting in the police Jeep No.RJ-21 UA-8851 upon being found to be roaming around in a suspicious condition. The Trailer No.RJ-19-JE-8007 insured with the respondent No.2- New India Insurance Company collided with the police jeep causing hurt to the claimant Mohan Ram, who had to be hospitalized and treated for his extensive injuries. Shri Mohan Ram filed the claim application which was allowed in the above terms.