NATIONAL INSURANCE CO LTD Vs. MITHLESH

JUDGEMENT

(1.) This is insurer's appeal against the award dated 20.1.2004 passed by Motor Accidents Claims Tribunal/Additional District Judge, Roorkee, Haridwar in Motor Accident Claim Case No. 25 of 2003.

(2.) The claimants, who are unfortunate widow, minor children and mother of the deceased Rajendra Kumar Sharma, claimed compensation of Rs. 35,10,000 for his death in motor accident on 19.2.2003 when his motor cycle bearing registration No. UP 10-B 3669 was dashed by the offending vehicle bus bearing registration No. UMU 9904 resulting in multiple serious injuries to Rajendra Kumar Sharma, who succumbed to those injuries immediately after reaching Civil Hospital. The claimants further pleaded that Rajendra Kumar Sharma was getting salary of Rs. 13,045 as teacher in a government college.

(3.) The owner and the insurer of the offending vehicle bus contested the claim and denied their liability to pay compensation to the claimants. The owner of the offending vehicle bus took the plea that the accident did not occur due to rash and negligent driving of the driver of the bus and in case of any liability to pay compensation to the claimants, it would be that of insurance company. The insurer, on the other hand, took the plea that the accident occurred due to negligence of the deceased himself.