BRANCH MANAGER, UNITED INDIA INSURANCE Vs. LALITA THAKUR

JUDGEMENT

(1.) Appellant/Insurance Company has filed this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') against the impugned award dtd. 18/9/2018, passed in Claim Case No.85/2016, whereby the learned Motor Accident Claims Tribunal, Bastar at Jagdalpur (for short 'the Claims Tribunal') has awarded total compensation of Rs.5,00,000.00 against the death of the driver of offending vehicle in an application filed under Sec. 163-A of the Act, 1988.

(2.) Facts relevant for disposal of this appeal are that the claimants being the legal representative of the deceased filed an application under Sec. 163-A of the Act of 1988 claiming total compensation of Rs.17,97,000.00 under different heads on account of death of Late Suresh Kumar Thakur, who died in the road accident pleading therein that on 10/6/2009 at about 7.30 o'clock, Suresh Kumar was employed as driver of the offending tractor and trolley owned by respondent No.1. On the date of accident, deceased on instructions of respondent No.1/owner of the offending tractor was going to Tongpal from Dharbha. When suddenly herd of animals came near Banjarin Temple Road, in an attempt to save them, the vehicle fell into velly and turned turtuled, as a result of which, Suresh Kumar Thakur died on the spot. It was further pleaded that the deceased at the time of accident was 30 years of young and healthy man and was working as driver and earning Rs.3,333.00 per month. The claimants are dependents upon them and because of untimely death of their sole bread earner, they are facing great financial crises.

(3.) The non-applicants/respondents filed their reply to the claim application resisting the claim of claimants. Non-applicant No.2/Insurance Company in its reply to the claim application denied the happening of the incident with the offending vehicle. The death of deceased Suresh Kumar was also denied in the said accident. It was pleaded that on the date of incident, the offending vehicle was used for carrying passenger and there were 20 - 25 persons in it. On the date of the incident, the offending vehicle was being driven by the deceased without a valid driving license, without the required fitness certificate and permit and in violation of the conditions of the insurance policy, therefore, the Insurance Company is not liable to indemnify the award of compensation.