UNITED INDIA INSURANCE COMPANY Vs. SHIV PRASAD KASYAP

JUDGEMENT

(1.) THE Appellant/insurer is aggrieved by the award dated 22. 08. 2006 passed by the 1st Additional Motor accidents Claims Tribunal, Bilaspur (henceforth `the tribunal') in Claim Case No. 53/2005 whereby the tribunal has passed an order of pay and recover against the appellant while exonerating it from the liability to pay compensation.

(2.) ADMITTEDLY, respondent No. 1/claimant -Shiv Prasad kashyap was travelling in tanker No. C. G. No. 10/zb/0109 (henceforth `the tanker) as passenger for hire. Near village Binori seeing an oncoming Bus No. C. G. 10 ZA 0552 (henceforth `the Bus'), Harnarayan Kashyap the driver of the tanker sided the tanker to its left and in this process the tanker dashed with the wall of the culvert and turned turtle. Driver Harnarayan Kashyap and helper Suraj Lunia died on the spot. Respondent no. 1/claimant sustained grievous injuries.

(3.) AN application under Section 166 of the Motor vehicles Act, 1988 (henceforth `the Act') for compensation was filed by respondent No. 1/claimant before the Tribunal. The appellant/insurer denied the claim in toto and averred inter alia that at the time of the accident the tanker was being driven in breach of the policy of the insurance.