NATIONAL INSURANCE COMPANY LIMITED Vs. MANJINDER KAUR

JUDGEMENT

(1.) THIS appeal, preferred u/s 173 of the motor Vehicles Act, 1988, is directed against the award dated 12.12.2000 passed by the Motor Accident Claim Tribunal/IIIrd Additional District Judge, Nainital, in M.A.C Case No. 13 of 1999 whereby the claim of the claimants was allowed for an amount of compensation to the tune of Rs. 4,95,136/ - and the appellant -National Insurance Company Limited was directed to pay the same.

(2.) THE claimants, Smt. Manjinder Kaur widow of the deceased, Rajendra Singh and her three minor children, namely Paramjeet Singh, Harpreet Kaur and Gurpreet Singh had filed a claim petition for compensation of Rs. 10,00,000/ - before the Tribunal alleging therein that on 18.06.1998 at about 4:30 p.m., while the deceased -Rajendra Singh was going on scooter bearing No. U.P.02B/9357 with Harvinder Singh, an offending truck bearing No. UAB -4018 being driven rashly and negligently by its driver dashed from the back side of the scooter near Rusi Gaon, 4 kms from Nainital, due to which the deceased and the driver of the scooter and the truck fell into the gorge resulting the death of Rajendra Singh and other persons at the spot. It was further alleged in the claim petition that the deceased was 40 years of age at the time of accident and his monthly income was Rs. 10,000/ - p.m..

(3.) THE opposite parties contested the claim petition and filed their separate written statement. The insurance Company - opposite party No. 1 admitted the accident and pleaded that the truck was being plied in breach of the policy condition and the insurer has not been informed about the alleged accident, as such the Insurance Company is not liable to pay the compensation. The opposite party No. 2 (respondent No. 5) had admitted the date, place and time of the accident. It was further pleaded that the accident occurred due to failure of the brake. It was pleaded that the truck was insured with the National Insurance Company via cover Note No. 69309 which was valid from 19.04.98 to 18.04.1999 and the Insurance Company is liable to pay the compensation, if any, to the claimants.