NEW INDIA ASSURANCE CO. LTD Vs. TURKI KUI

JUDGEMENT

(1.) BY this common judgment, we propose to dispose of all these appeals together.

(2.) THREE appeals being M.A. Nos. 548 and 549 of 1993 (R) and 140 of 1994 (R) have been filed by the owner of the truck in question and the other three appeals (M.A. Nos. 257 of 1192 (R), 134 and 135 of 1993 (R) have been filed by the Insurance Company. The accident in question occurred on 29th May, 1984 in which some persons died and some received injuries. All the deceased persons or the injured persons were travelling as passengers in the truck bearing registration No. BRS 2851. Admittedly, as on the date of the accident (29th May, 1984), the law applicable was the Motor Vehicles Act, 1939. On some reasoning the Tribunal held in three cases the owner responsible to pay the compensation amount. In other three cases, the Tribunal held the insurance Company responsible and liable to indemnify the owner and hence to pay the awarded amount. Of course, it is undisputed that the truck in question was insured with the appellant Insurance Company. The basic issue, therefore, to be decided is whether in these three cases in which the Tribunal held the Insurance Company liable to pay the awarded amount, such finding was correct or not.

(3.) IN view of the aforesaid authoritative pronouncement of their Lordships of the Supreme Court in the New India Assurance Company v. Asha Rani and Ors., (supra), we have no hesitation in holding that in those three cases where the Tribunal held the Insurance Company liable, the award to that extent deserves to be set aside and the liability to pay the awarded amount instead has to be passed on to the owner. In the other three cases where the liability has already been saddled upon the "owner", no interference on the question of liability is called for.