SHAKUNTLA Vs. UNITED INDIA INSURANCE COMPANY

JUDGEMENT

(1.) THIS misc. appeal has been filed by claimants Smt. Shakuntala and Raghunath Rai, mother and father respectively of the deceased Kuldeep who had died in a motor accident against the United India Insurance Company (hereinafter referred to as 'the Insurance Company') challenging the award of the Motor Accidents Claims Tribunal, Jodhpur (for short 'the Tribu-nal') dated 14,3. 83, whereby, while awarding compensation to the appellants against the owner and driver of the vehicle, their claim has been rejected against the Insurance Company. They now claim that the award may be made against the Insurance Company also.

(2.) IT is now not in dispute before me that Kuldeep son of the appellants, aged about 27 years, had died on account of a motor accident on March 31, 1979. The "motor vehicle, viz. three wheeler scooter, which belonged to Laxmi-narayan and which was being driven at the time of this accident by Champalal, had hit Kuldeep while he was going on the road towards Sojati Gate, Jodhpur on March 30, 1979 and that this accident was the result of rash driving of Champalal. Deceased Kuldeep was a Probationary Officer in the State Bank of India and was drawing Rs. 1460/- per month at the time when his life was, thus, cut short. The claimants being his mother and father respectively are entitled to compensation and after taking into account all the circumstances of the case, the Tribunal awarded a sum of Rs. 1,60,650/- to the claimants against Laxmi Narayan and Champalal owner and driver respectively of the aforesaid vehicle. However, the claim has been rejected so far as the Insurance Company is concerned. The question which falls to be decided in this appeal is whether the Insurance Company should also be held liable or riot.

(3.) AGGRIEVED against the rejection of the claim against the Insurance Company, the claimants have come up in appeal.