NEW INDIA ASSURANCE COMPANY LTD Vs. SUSHILA DEVI

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) is directed against the judgment and award dated 9.7.1993, passed by the Motor Accident Claims Tribunal Chamoli (in short the Tribunal) in M.A.C. Petition No. 3 of 1990, Smt. Sushila Devi Vs. New India Assurance Company Ltd. and others, whereby the learned Tribunal has awarded compensation of Rs. 25,000/ - only in favour of the claimant as against the Insurance Company -appellant under the provisions of Section 140 of the Act holding that the claimant failed to prove the negligence on the part of the driver of the offending vehicle.

(2.) BRIEF facts giving rise to this appeal are that Darwanlal, husband of claimant No. 1 Sushila Devi, aged about 28 years and a labourer earning Rs. 1000/ - per month lost his life in a vehicular accident, which occurred on 2.8.1989 involving Truck No. UMS -8153. The truck was owned by Sashidhar Dimari and it was duly insured with New India Assurance Company -appellant. The claimants, who are legal heirs and dependents of the deceased, have filed claim petition for compensation of Rs. 1,50,000/ -.

(3.) THE claim petition was resisted by the insurance company as well as owner of the vehicle. They denied the allegations made in the claim petition. The learned Tribunal framed the following issues in the case : 1. Whether the deceased Darwan Lal R/o Village Kandai was travelling in truck No. UMS 8153 from Rishikesh to Manakhi on 2.8.89 and the said truck met with accident at Bhorigad and the deceased Darwan Lal died? 2. Whether the accident took place due to the rash and negligent driving by the driver of the vehicle met with accident? 3. Whether the accident took place due to the mechanical defects in the vehicle?