NATIONAL INSURANCE CO.LTD Vs. KAMESHWAR PRASAD

JUDGEMENT

(1.) THIS appeal, at the instance of the appellant -National Insurance Company Limited is directed against the judgment and award dated 8.10.1996 passed by Additional Motor Vehicles Accident Claims Tribunal, Jamshedpur in MJC Case No. 60/1984 whereby he has awarded compensation of Rs. 35,000.00 and held that both the owner and the insurer of the pickup van bearing registration No. BHS 6367 along with the owner of Tempo are jointly and severally liable to pay compensation.

(2.) THE facts of the case lie in a narrow compass : - - It appears that on 9.6.1984 the deceased was returning from Jugsalai along with his family on a tempo bearing registration No. BHN 6679. While the tempo reached near Adityapur, a goods carrying tempo, bearing registration No. BHS No. 6367 came from the opposite direction and suddenly collided head on with the tempo on which the deceased along with his family members were traveling. Due to the said accident the occupants of the tempo sustained injuries and the daughter of the claimant was declared dead. Bulaki Ram Versus Jatru Mahali

(3.) IN course of - argument, learned counsel for the appellant - Insurance Company drew out attention to Annexure -2 which is a copy of the written statement filed by the Insurance Company denying insurance of the vehicle. Learned counsel further drew our attention to Annexure -2/1 which is an application filed by the appellant -Insurance Company reiterating that the goods carrying vehicle bearing registration No. BHS 6367 was not insured with the appellant -Insurance Company.