United India Insurance Co. Ltd vs Nasma Begum & Others

Lok Pal Singh, J

This appeal, under section 173 of Motor Vehicle Act 1988, is preferred against the judgment and award dated 25.04.2013 passed by the Motor

Accident Claim Tribunal/ District Judge, Pauri Garhwal in MAC Case No. 24 of 2009, allowing the claim petition of the claimants to the tune of Rs.

4,35,285/- along with 6% interest from the date of the institution of the claim petition till its final payment.

Facts, leading to filing of the present appeal, are that Saabir (deceased) on 06.11.2008 was traveling in Jeep No. UP06-5404 from village Ramni

Pulinda to Kotdwar; at about 10:00 a.m., at Gojdda Tok, driver of the jeep who was allegedly driving the vehicle rashly and negligent, lost its control

due to which vehicle fell in deep gorge, as a result Suraj Pal Singh sustained serious injuries, he was taken to Government Hospital Kotdwar, having

considered the seriousness of injuries he was referred to Mahant Indresh Hospital, Dehradun, where he remained admitted w.e.f. 06.11.2008 to

16.11.2008. Deceased went under surgery of head and lungs, despite, long treatment he died on 16.11.2008. It is alleged that deceased was aged

about 43 years, and was getting Rs. 3,000/- per month from Forest Department and was also doing private work and earned total Rs. 6000/- per

month. The claimants on account of death of Saabir filed claim petition before the Tribunal.

Owner and driver of the vehicle filed their written statements denying the averments of the claim petition, however, admitted the accident. It is

stated that the vehicle was not being driven rashly and negligently rather it was driven cautiously by its driver; the driver was having valid driving

license and papers of the vehicle was valid on the date of the incident.

The appellant-Insurance Company filed it written statement denying the averments of the claim petition. It is stated that claimants have not filed

copy of the FIR, medical injury report, post mortem report etc.,; the vehicle was plied against the terms and conditions of the policy, permit and

registration; deceased was the gratuitous passenger and claim petition has been filed by collusion.

On the pleadings of the parties, the Tribunal framed the following issues:-

Whether on 06.11.2008 at about 10:00 a.m., at Ramni Pulinda Kotdwar Road, Jeep no. UP06-5404 which was being driven by its driver

rashly and negligently due to which accident took place as a result Saabir who was traveling in the said vehicle sustained serious injuries

and succumbed to the injuries?

Whether on the date of incident all the papers of the vehicle, driving license was effective and valid and was plied in violation of terms

and conditions of policy?

Whether claimants are entitled for any relief, if yes then how much and from which party?

Claimants adduced documentary evidence which include copy of the FIR, death certificate of Saabir, copy of Family Registere, post mortem report,

medical bills etc. oral evidence of P.W. 1 Ankit Shah and P.W.2 Shahnawaz Khan, Record Officer, Mahant Indresh Hospital, examined R. S.

Martoliya as P.W.3 and adduced oral evidence of P.W.4 Mohd. Haneef.

The owner of the vehicle examined himself as D.W.1. He adduced copy of permit, registration certificate, fitness, road tax, driving license,

insurance policy etc. The Insurance Company has adduced copy of permit and copy of information sought from the Right to Information Act.

However, no oral evidence has been adduced by the Insurance Company.

The learned Tribunal upon hearing the learned counsel for the parties and having considered the entire material available on record allowed the

claim petition for a sum of Rs. 11,09,500/- as compensation against the Insurance Company.

Present appeal as well as connected appeals i.e. AO No. 345 of 2013 and AO No. 462 of 2013 arises out of the same accident. The issues

formulated in the present appeal has already been dealt in the connected appeals, thus, requires no discussion.

Further, this Court has already held in the connected appeals that Insurance Company failed to proved the fact the offending vehicle was plied in

violation of terms and conditions of policy and thus, the Tribunal has rightly fastened liability upon the Insurance Company, as the offending vehicle

insured with the Insurance Company.

In view of the above, I find no illegality or perversity in the judgment and award passed by the Tribunal. Appeal from order lacks merit and the

same is hereby dismissed.

Let the statutory amount, alongwith interest accrued thereon, if any, be remitted to the Tribunal concerned. Lower court record be also sent back.

No order as to costs.