NATIONAL INSURANCE COMPANY LTD VS UNION OF INDIA AND ORS Present: Mr. Jugansh Goyal, Advocate, for Mr. Denesh Goyal, Advocate, for applicant-respondent No.3.

Mr. Paul S. Saini, Advocate, for non-applicant/appellant.

Mr. Shivoy Dhir, Sr. Panel Counsel, for non-applicant/respondent No.1-UOI.

Mr. Harsh Aggarwal, Advocate, for non-applicant/respondent No.4.

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The Union of India instituted a claim petition before the Motor Accident Claims Tribunal, Gurdaspur, seeking compensation on account of damage caused to a military vehicle bearing registration No.NSN BA. 93C, 64369 N, in a motor vehicular accident caused due to the rash the negligent driving of truck No.PB-11-M-7427 by its driver Mohinder Singh. The said truck was owned by the present applicant-Jeewan Kumar.

2. The claim petition was partly allowed vide award dated 16.08.2004, passed by the Motor Accident Claims Tribunal, Gurdspur, and the Union of India was held entitled to compensation of Rs.1,38,405/-. The liability to pay the same was fastened upon all the respondents jointly and severally.

3. The National Insurance Company Ltd. filed a review petition before the MACT claiming that as per their policy, the offending vehicle had been