SHAMIM Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) The present appeal has been filed against the judgment and award dated 12.11.2003 passed by the Motor Accidents Claims Tribunal, Haldwani, District Nainital, dismissing the claim petition of the appellants.

(2.) Briefly stated the facts giving rise to the present appeal are that the appellants- petitioners have filed a claim petition before the Motor Accidents Claims Tribunal, Haldwani for grant of compensation on account of death of Niyaz Ahamad. The petitioners alleged that Niyaz Ahamad was employed as a bus conductor on bus No. DL 1P-1706. On 1.5.2002 at about 8.30 a.m. when the bus reached at Jhankaiya Bus Stop, Khatima, he climbed on the roof of the bus to download the luggage of a passenger. When he was climbing down from the roof of the bus, the driver of the bus started the bus and Niyaz Ahamad fell down from the stairs of the bus. He sustained head injury in the accident and was rushed to the Civil Hospital, Khatima from where he was referred to Bareilly but he succumbed to the injuries on the way when he was being carried to Bareilly Hospital. Deceased was earning a sum of Rs. 3,900 per month and the claimants claimed a sum of Rs. 6,80,000 as compensation.

(3.) The claim petition was contested by the opposite parties. New India Assurance Co. Ltd. filed written statement and denied the allegations made in the petition. The insurance company alleged that the driver had no valid driving licence. Shakil Ahamad, owner of the bus also filed his written statement and admitted the accident and death of the deceased due to the accident. However, he alleged that the compensation claimed is highly exaggerated. The bus was comprehensively insured with New India Assurance Co. Ltd. and the insurer of the bus is liable to pay compensation, if any, to the petitioners.