FUTURE GENERALLI INSURANCE COMPANY Vs. DINESH CHANDRA UPADHYAY

JUDGEMENT

(1.) Present appeal is preferred by the Insurance Company assailing the judgment/award dated 11th February, 2014 passed by the Motor Accident Claims Tribunal/ADJ, Almora, whereby claim petition was partly allowed for the payment of compensation of Rs. 13,78,900 with interest @ 7% per annum from the date of petition till the date of actual payment against the Insurance Company - respondent No. 3 therein/appellant herein. Mr. Sarvesh Agarwal, Advocate appearing for the appellant, submits that since driver of the vehicle Jahid Hussain respondent No. 4 herein, stood acquitted in a criminal case and was not held guilty for driving the vehicle rashly and negligently, therefore, it was not open to the Tribunal to award compensation to the claimant under Section 166 of the Motor Vehicles Act, for the sole reason, to award the compensation under Section 166 of the Motor Vehicles Act, rash and negligent driving, on the part of driver, had to be proved. He further contends that no independent witness was produced on the witness box to say that driver of the vehicle Jahid Hussain was driving the vehicle rashly and negligently. He has placed reliance on the judgment of Allahabad High Court in the case of Gaura Devi v. Shahzad Khan, 2013 2 ACC 173, wherein the Division Bench of Allahabad High Court has held that merely because driver has been charge-sheeted in criminal case pertaining to the instant accident, it cannot be held that he was responsible for the accidental death of the deceased.

(2.) Mr. Sarvesh Agarwal, Advocate appearing for the appellant, except the above submissions, does not want to make any other submission either on the quantum of the compensation or on any other point.

(3.) Let me now examine the submissions raised by Mr. Agarwal, Advocate appearing for the appellant.