ORIENTAL INSURANCE CO LTD Vs. PREMLATA SHUKLA

JUDGEMENT

(1.) Leave granted.

(2.) Deceased Shivnandan Prasad Shukla was travelling in a Tempo Trax for going to Allahabad from Bhopal. It collided with a truck. Registration Number of truck could not be noticed. The truck also could not be traced. A First Information Report was lodged by one of the occupants of the Tempo Trax. An investigation on the basis of the said First Information Report for commission of an offence under Section 304-A of the Indian Penal Code, 1860 was registered against the driver of the said truck. As during investigation the truck could not be traced out, the case was closed. A Claim Petition was filed before the Motor Vehicles Accident Claims Tribunal against the driver, owner and the Insurance Company with which the Tempo Trax was insured. The Tribunal upon analyzing the materials brought on record by the parties, including the First Information Report, arrived at a finding of fact that the driver of the Tempo Trax was not driving the vehicle rashly and negligently. It, therefore, dismissed the claim petition opining:

(3.) In support of its finding, the decision of this Court in Kaushnuma Begum & Ors. v New India Assurance 2001 ACJ 428 : 2001 (2) SCC 9 which was relied upon by both the parties was referred to wherein it was held: