KRISHNA SINGH Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) THESE appeals, preferred under Section 110 -D of Motor Vehicles Act, 1939, are directed against the judgment and award dated 23.02.1988, passed in Motor Accident Case No. 08 of 1986 by the Motor Accident Claims Tribunal/District Judge, Nainital.

(2.) BRIEF facts of the case are that Narain Singh (deceased) aged 21 years was travelling in truck registration No. U.R.B. 5970 on 18.08.1985 on Bhowanli -Haldwani Road. At about 7:00 AM. when the truck reached near Lariakanta bend, due to the rash and negligent driving on the part of the driver (Dhan Singh), an accident took place in which Narain Singh died. He was alleged to be a cleaner in the truck. The truck was owned by respondent Prem Singh and was insured with United India Insurance Company Limited (appellant in Appeal from Order No. 921 of 2001). Claimants/respondents Krishna Singh and Kasti Devi are parents of the deceased who filed a claim for compensation to the tune of Rs. 1.50,000/ - under Section 110 A of Motor Vehicles Act, 1939. Respondent - Shri Prem Singh, owner of the vehicle admitted the contents of the claim petition. But he disowned the liability to pay the compensation, as the vehicle was insured with the aforesaid insurance company. The United India Insurance Company, contested the claim petition and denied that Narain Singh was employed as cleaner in the truck. It was also alleged by the said company that the owner of the vehicle and driver are in collusion. It is further pleaded by the Insurance Company that the driver of the vehicle was driving the truck without valid license and the terms of the insurance policy were violated by the insured. As such, the company is not liable to make any payment.

(3.) THE tribunal framed following issues in the matter: