1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR * * * J U D G M E N T National Insurance Company Ltd. Vs. Radha Kishan and Ors. S.B.CIVIL MISC. APPEAL NO. 703/1997 AGAINST THE JUDGMENT AND AWARD DATED 19.4.1996 PASSED BY THE LEARNED JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PHALODI IN CLAIM CASE NO.103/94 (NATIONAL INSURANCE COMPANY LIMITED Vs. RADHA KISHAN AND ORS.) DATE OF JUDGMENT :: 21.4.2008 PRESENT HON'BLE MR.JUSTICE BHANWAROO KHAN Mr. Sanjeev Johari, for the appellant. Mr. Rajesh Panwar) for the respondents Mr. R.K. Mehta ) :::: BY THE COURT : The instant appeal has been preferred by the defendant-appellant National Insurance Company Limited against the judgment and award dated 19.4.1996 passed by Judge, Motor Accident Claims Tribunal, Phalodi in Claim Case No.103/94 whereby the learned Tribunal has awarded a sum of Rs.1,90,000/- as compensation in favour of respondents-claimants and the appellants were held responsible jointly and severally to pay the awarded amount along with other respondents. 2 It is alleged that on 7.7.1990, the accident took place at Bhap-Phalodi Road in between Jeep No. RJ-19-T-1079 and Truck No.RJ-07-G-0034 causing several injuries to the persons travelling in the Jeep and also death. The Tribunal vide common judgment decided the claim of 9 appellants, out of which 13 other appeals were filed before this Court which came to be decided vide judgment dated 20.3.2002 in S.B. Civil Misc. Appeal No.383/1996 and 12 others wherein the appeal filed by the New India Assurance Company was dismissed and the appeal filed by this appellant– National Insurance Company was partly allowed. Learned counsel for the parties agreed that the appeal preferred by this appellant-National Insurance Company Limited is squarely covered by the judgment of this Court dated 20.3.2002 in S.B. Civil Misc. Appeal No.383/96 and 12 others. The judgment passed in S.B. Civil Misc. Appeal No.383/1996 and 12 others stipulates that the appeals of the appellant National Insurance Company Limited by which they have challenged their liability is partly allowed and it is held that driver of both the vehicles, owners of both the vehicles and, consequently, the Insurance Companies of both the vehicles are liable for the awarded amount upto the extent of 50% each. 3 This appeal also arises out of the judgment dated 19.4.1995 of the Tribunal and the said judgment under appeal has already been decided by this Court vide judgment dated 20.3.2002. The present appeal is squarely covered by the said judgment dated 20.3.2002 given in S.B. Civil Misc. Appeal No.383/96 and 12 others. Hence, this appeal is also decided in the light of the aforesaid judgment dated 20.3.2002 of this Court. The appeal of the appellant – National Insurance Company Limited is partly allowed and it is held that the driver of both the vehicles, owners of both the vehicles and consequently, the Insurance Companies of both the vehicles are liable for the awarded amount upto the extent of 50% each. With these observations, the appeal is disposed of. (BHANWAROO KHAN)J. RM/