United India Insurance Company Limited vs Sayeeda and Others

Sudhir Narain, J.—This appeal is directed against the award of the Motor Accident Claims Tribunal dated 23.6.2001 awarding Rs. 1,75,500/- as compensation to the claimant-respondents.

The claim petition was filed the claimant-respondents with the allegations that the accident took place because the vehicle in question overturned and fell down in a pond due to rash and negligent driving by the driver of the vehicle. Nazai Hasan, husband of respondent No. 1 and father of respondents 2 to 4 died in the said accident.

The appellant contested the claim petition on various grounds. It was alleged that the accident was not caused by the vehicle in question. Secondly it was not due to rash and negligent driving of the driver of the vehicle in question and the amount claimed as compensation was excessive. The Tribunal recorded a finding that the accident was caused due to rash and negligent driving of the vehicle in question and, on consideration of evidence on the record, awarded Rs. 1,75,500/- as compensation.

We have heard Mr. Amaresh Sinha, learned Counsel for the appellant and Mr. Madhav Jain, learned Coimsel for the respondents.

Learned Counsel for the appellant vehemently urged that there was no cogent reasons to prove that the vehicle in question was involved in the accident.

We have perused the impugned award and the material placed before us. The Tribunal has recorded a finding that the vehicle in question was involved in the accident. We do not find any illegality in the finding.

The appeal is accordingly dismissed.

Rs. 25,000/- deposited by the appellant in this Court, shall be remitted by the Registry of this Court to the Motor Accident Claims Tribunal concerned within one month for payment/adjustment of the amount payable by the appellant to the claimant-respondents.