NATIONAL INSURANCE CO LTD Vs. HANSI BISHT

JUDGEMENT

(1.) Present appeal has been filed against the judgment and award dated 12.8.1997 passed by the Motor Accidents Claims Tribunal, Nainital.

(2.) Briefly stated the facts giving rise to the present appeal are that ten claim petitions under section 166-A of the Motor Vehicles Act, have been filed by the claimants for compensation in respect of the accident which took place on 8.5.1993 at 8.30 a.m. involving bus No. UP 02-5870. The petitioners have stated that deceased Jeewan Singh, Bhopal Singh, Ram Lal Sah, Godhan Singh, Khim Singh, Daulat Singh, Dr. Mukesh Sati, Baldeo Prasad, Madan Singh, Hira Singh and others started their journey from village Saur Vinayak on 8.5.1993 in bus No. UP 02-5870 for Katabagh. They were the members of a marriage party of Rajendra Singh Bisht. The bus was being driven rashly and negligently. When the bus reached near Burao Pahar, it met with accident and rolled into khad causing the death of the deceased persons.

(3.) The respondent No. 1 contested the claim petition and filed his written statement. He denied that the accident was the result of rash and negligent driving of the bus. Respondent No. 2 insurance company has stated that the owner and driver of the bus in question have violated the terms and conditions of the insurance policy. On the pleadings of the parties the following issues were framed: