NATIONAL INSUANCE COMPANY LTD Vs. RUKHSANA TABASSUM

JUDGEMENT

(1.) This First Appeal From Order has been filed by the appellant National Insurance Company Ltd. Through Divisional Manager Branch Office 1566/3 Church Road, Kashmiri Gate Delhi through Assistant Manager, National Insurance Company 25, M.G. Marg, Allahabad against the judgment and award dated 26.7.2006 passed by Additional District and Session Judge Court no.7(M.A.C.T.) Moradabad in M.A.C.T. Case No.45 of 2003 awarding compensation to the tune of Rs. 7,70,856/- to the claimants along with 6% interest from the date of institution of claim petition to the claimant as per the award. Initially the awarded amount is to be paid by the National Insurance Company appellant (with a right to recover the same from the owner of the vehicle (O.P. no.2) Ramesh Kumar S/o Jasram. The respondent nos. 1 to 5 filed cross appeal/cross objection no.172284 of 2012.

(2.) Facts in brief for filing th present appeal are as follows:

(3.) As per the facts mentioned in the impugned judgment and award dated 26.7.2006, deceased Abdul Rehma Khan was posted as police constable in U.P. Police at Police Station Saidnagli, District - J.P. Nagar. On 8.11.2002 he was going on tempo truck chesis no. T.53007110 G-02 with other police employees on Government duty. Offending vehicle No. D.L.1-L.7222 was being driven very rashly and negligently by its driver. It hit the vehicle in which the deceased was travelling within the jurisdiction of village Lakhan, Pukka Road, Rashtriya Marg 24, police station Pilkhawan, District Ghziabad at about 12 in the night in which Abdul Rehman Khan and two other persons sustained injuries and lost their lives. Deceased Abdul Rehman Khan was a police employee and he was drawing monthly salary of Rs.6399/- per month. He was 33 years old at the time of alleged accident. The petitioners being his legal heirs preferred this claim petition before Motor Accident Claim Tribunal. Opposite party no.2 is the owner of vehicle no. D.L.1 L.D./7222 Tata 709. Rameshwar Singh, opposite party no.3 was the driver of the aforesaid vehicle. Suneel Kumar was the owner of vehicle, chesis no.57007110 J-02 tempo truck engine no. D-14005783, vehicle no. D.L.1 LD/7222 was insured with opposite party no.1, the Oriental Insurance Co. Ltd. The tempo truck chesis was insured through New India Insurance Co. Ltd opposite party no.5. As per version of opposite party nos. 2 and 3 vehicle no. DL.1L.D./7222 was insured through National Insurance Co. Ltd. Opposite party no.2 at the relevant time of accident and the National Insurance Co. was impleaded in the petition only on 17.12.2004. The claimant claimed Rs. 21/-lacs as compensation.