NEW INDIA ASSURANCE CO. LTD Vs. SITA RAM

JUDGEMENT

(1.) THIS appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 (in short the Act) against the judgment and award, dated 18.6.1997, passed by Motor Accident Claims Tribunal/III Addl. District Judge, Nainital in short the Tribunal) in M.A.C. Petition No. 190 of 1992, Sita Ram and Ors. v. Amarnath and Anr. whereby the learned Tribunal awarded compensation of Rs. 1,32,000 along with interest @ 12% per annum against the appellant. Aggrieved, the Insurance Company has come up in appeal.

(2.) RELEVANT facts of the case are that Pappu aged 25 years and earning Rs. a 2,500 per month from sweet-meat shop and electric work, (son claimant No. 1 Sita Ram) lost his life in a motor vehicle accident, which occurred on 30.1.1992 at about 9.30 a.m. near Toll Barrier, Ramnagar Road, Kashipur, due to rash and negligent driving by the driver of Truck No. UP 02-6429. At the relevant time, the deceased was going with his father on foot. The report of the motor accident was lodged at u the police station and post-mortem of the dead body was also conducted. It has been alleged that the truck was owned by O.P. No. 1 and it was duly insured with O.P. No. 2 New India Assurance Company. The claimants have filed claim petition for compensation of Rs. 10,00,000.

(3.) THE New India Assurance Company also filed its written statements and contested the petition on the ground inter alia that the claimants are required to satisfy that the vehicle was being driven in accordance with policy conditions. By d way of amendment, it is pleaded that the vehicle was insured on 30.1.1992 at 2.10 p.m. while the motor accident occurred at 9.30 a.m. As such, at the time of accident, the vehicle was not insured with the Insurance Company. It may be noted here that the factum of accident was admitted by the Insurance Company for the first time in its amendment application 29-D moved on 24.3.1995 whereas the written statement was initially filed on 1.3.1994 by the Insurance Company.