NATIONAL INSURANCE CO. LTD. Vs. WANGKHEM RANITON DEVI AND ORS.

JUDGEMENT

(1.) The National Insurance Company Ltd. which was respondent No. 3 in Motor Accident Claims Case No. 36 of 2014 before the Motor Accident Claims Tribunal, Manipur has preferred this appeal against the award dated 23.1.2015 passed by the Tribunal in the said Claim case.

(2.) The claimant respondent No. 1 is the mother of the deceased. Her case before the Tribunal is that the deceased late Wangkhem Rocky Meetei was serving as police constable. On 15.3.2014 at about 10:10 AM her deceased son along the pillion rider was driving a two wheeler bearing Regn. No. MN-O1R-9391. Near the gate of 69 CRPF Camp along NH No. 2 at Mantripukhri the offending truck bearing Regn. No. MN 01-8331 suddenly came from the eastern side of the road towards divider and dashed against the two wheeler which was being driven by the deceased. In view of such accident, the deceased succumbed to the injuries at the spot and the pillion rider also sustained serious injuries. Subsequently, the pillion rider was treated in hospital and his right leg had to be amputated. With these allegations the claimant respondent filed an application u/s. 166 of the Motor Vehicle Act, 1988 claiming compensation of Rs. 43,67,480/- The owner of the offending vehicle, i.e. Oil Tanker was made respondent No. 1 in the claim petition and the driver of the said offending vehicle was made respondent No. 2. The present appellant, Insurance Company, was made respondent No. 3 in the claim petition. The respondent No. 4 in the claim petition is the owner of the Motorcycle.

(3.) The respondents- 1 and 2, i.e. the owner and the driver of the offending vehicle did not dispute the accident and submitted before the Tribunal that the vehicle was covered by an Insurance and any liability of compensation should be saddled on the Insurance Company. The present appellant filed separate written statement denying all the allegations made in the claim petition and further submitted that both the driver of the Oil Tanker and the deceased were responsible for the accident and therefore claimant is not entitled to any compensation. The owner of the Motorcycle, respondent No. 4, supported the claim of the claimant-respondent No. 1.