UNITED INDIA INSURANCE CO TLD Vs. BACHI SINGH

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 Motor Accidents Claims Tribunal/II Fast Track Court, Nainital, whereby Rs. 2,30,000 has been awarded as amount of compensation to the claimants.

(2.) Brief facts of the case are that claimants' son, Ajay Singh Bisht, aged 25 years used to earn Rs. 4,500 per month by doing dairy business. He was an unmarried man. On 20.12.2000, he was going on a motor cycle registration No. UP 02-D 2933, of his friend's father Anand Ballabh Pande. It is alleged in the claim petition that the motor cycle was being driven by Ajay Singh Bisht and Vikrant Pande was a pillion rider. The motor cycle on its way from Ramnagar to Nainital, when reached near village Talli Mangoli, due to the technical failure fell into a deep gorge in which Vikrant Pande died on the spot and Ajay Singh Bisht also got seriously injured and he was taken to Soban Singh Jeena Base Hospital, Haldwani, for medical treatment. From said hospital, he was referred to Bareilly and therefrom to All India Institute of Medical Sciences, New Delhi. However, he succumbed to the injuries in Delhi on 29.12.2000. The claimants are parents of the deceased, Ajay Singh Bisht. They alleged that they were dependent on their son and claimed Rs. 8,00,000 as the amount of compensation from Anand Ballabh Pande, owner of the motor cycle and United India Insurance Co. Ltd., with whom the vehicle was insured at the time of the accident. The claim petition was contested by United India Insurance Co. Ltd. and separate written statement was filed by the owner of the motor cycle. In the written statement of the owner of the vehicle, almost all the facts of claim petition have been admitted and it is pleaded that the vehicle was insured with the appellant. United India Insurance Co. Ltd., in its written statement, has pleaded that it was not informed of the accident, as required under section 158 (6) of the Motor Vehicles Act, 1988. It is also alleged that claimants are in collusion with the owner of motor cycle. It is also pleaded that the conditions of the policy were violated and the vehicle was being driven by an unauthorised person. The learned Claims Tribunal, framed the necessary issues and awarded a sum of Rs. 2,30,000 as amount of compensation to the claimants. Aggrieved by which, the present appeal has been filed by United India Insurance Co. Ltd.

(3.) We heard the learned counsel for the parties and perused the entire record.