DALIP SINGH, J. - (1.) THIS appeal has been filed against the award dated 21.8.1993 passed by learned Judge, Motor Accident Claims Tribunal (First), Ajmer in Motor Accident Claim No. 42 of 1980 whereby compensation amounting to Rs. 2,82,380 with interest at the rate of 15 per cent per annum was awarded by the learned Tribunal on account of death of R.N. Mathur who died in accident on 26.5.1980.
(2.) APPELLANT is the Insurance Company which is insurer of the vehicle owned by Abdul Hamid, respondent No. 6 and which was being driven by Noor Mohammad, respondent No. 5. Since the vehicle bearing registration No. RSZ 3501 which was involved in the accident was requisitioned by the State Government for election duties at the time when it met with an accident, the State of Rajasthan was also impleaded as party. In view of the aforesaid, the learned Counsel appearing on behalf of the Insurance Company submits that the Insurance Company in spiteof the fact that the vehicle which met with accident being covered by the policy of insurance, the Insurance Company would not be liable to compensate and make the payment for any loss that might have occurred while vehicle in question was under requisition with the Government.
(3.) THE aforesaid argument of learned Counsel for the appellant cannot be sustained any longer because the question has already been adjudicated upon and decided by this Court in a case in United India Insurance Co. Ltd. v. Shivraj this Court has taken a view that the liability in cases where the vehicle is requisitioned for election purposes is joint and several of the State Government as well as owner of the vehicle. I am in respectful agreement with the view taken in the aforesaid decision and relied upon by the Tribunal holding that the State Government and the Insurance Company are jointly and severally liable.;