UNITED INDIA INSURANCE CO LTD Vs. HEMA PANDE

JUDGEMENT

(1.) This appeal preferred under section 173 of Motor Vehicles Act, 1988, is directed against the judgment and award dated 3.9.2004, passed by the Motor Accidents Claims Tribunal/Second Fast Track Court, Nainital, whereby a sum of Rs. 1,54,000 has been awarded as the amount of compensation to the claimants.

(2.) Brief facts of the case are that Vik- rant Pande (deceased), son of the claimants was aged 18 years. It is alleged that he was earning Rs. 4,500 per month by running a shop under the name and style of 'Pande Mishthan Bhandar'. The claimants Hema Pande and Anand Ballabh Pande are parents of Vikrant Pande (deceased), who were alleged to be dependent on him. Deceased was an unmarried man. It is alleged that his friend Ajay Singh Bisht was going on a motor cycle, registration No. UP 02-D 2933. The motor cycle was being driven by Ajay Singh Bisht and Vikrant Pande was pillion rider. At about 2.30 p.m., when the motor cycle reached near Talli Mangoli, due to the technical defect, it fell into a deep gorge in which Vikrant Pande died on the spot and Ajay Singh Bisht received serious injuries (who also later died). The parents of Vikrant Pande have claimed Rs. 8,00,000 as amount of compensation. Claim petition was contested by appellant United India Insurance Co. Ltd., which denied the contents of claim petition for want of knowledge. It was pleaded in the written statement of the appellant that no information was given to it, as required under section 158 (6) of Motor Vehicles Act, 1988. It is further alleged in written statement of the appellant that conditions of the policy of the vehicle in question was violated. It is also pleaded that the company is liable to make payment only to the third party and not to the owner of the vehicle.

(3.) Learned Tribunal, after framing the necessary issues, awarded compensation to the tune of Rs. 1,54,000 which was directed to be paid by United India Insurance Co. Ltd. (appellant), aggrieved by which the said company has filed this appeal.