KALPANA BHANDARI Vs. AMARPRIT SINGH

JUDGEMENT

(1.) THIS appeal under Section 173 of the motor Vehicles Act has been filed against the award dated 19th December, 2005 passed by the Motor Accidents Claims Tribunal/iind f. T. C. Nainital (hereinafter referred as "tribunal") in M. A. C. P. No. 20/2004, smt. Kalpna Bhandari v. Amarprit Singh and others, whereby the learned Tribunal had awarded a sum of Rs. 5,42,000/- as compensation alongwith the interest thereon @ 6% p. a. from the date of filing the claim petition till the date of payment. The liability to pay the compensation was fixed upon the united India Insurance Co. Ltd.

(2.) BRIEF facts of the case are that claimant-Smt. Kalpna Bhandari had filed a claim petition before the learned Tribunal for compensation of Rs. 20 lacs alleging therein that on 15th june, 2003 at about 7:30 p. m. her husband deep Kumar Bhandari (deceased) went to see someone at Haldwani on the scooter bearing No. D. V. B. 3302. At about 10 p. m. the claimant received a telephonic message from soban singh Jeena Base Hospital, Haldwani about the accident of her husband. The claimant alongwith her family members reached at the hospital and found her husband dead. The deceased died on account of injuries sustained by him on the date of accident. On 18th June, 2003 the offending vehicle Truck No. UP 02d-0869 was seized by the police. According to the eye-witness of the accident, deceased Deep Kumar Bhandari was going on his scooter from Bhotiyapadao to Haldwani and he was driving slowly on the left side of the road. Truck No. UP 02-D 0869 coming from the back side rashly and negligently dashed the scooter, due to which the deceased sustained grievous injuries on his person and died. After the accident, the offending truck fled away from the place of occurrence. It was further alleged that the deceased was aged about 52 years on the date of accident and he was working in the food Corporation of India on the post of a. G. I. He used to earn Rs. 15,774/- per month. Thus, the claimant-appellant had filed a claim petition for compensation for the death of her husband.

(3.) THE opposite parties filed their written statements and contested the case. The united Insurance Company has denied the allegations made in the claim petition due to lack of knowledge. It was further placed by the United Insurance Company thatthedriver of the vehicle was not impleaded in the claim petition and the offending vehicle was being driven againsttheterms and conditions of the insurance policy. Amarprit Singh, who was the owner of the offending vehicle, has filed his written statement alleging therein that there was no evidence that the said truck was involved in the accident. It was further pleaded that the driver of the truck was driving very cautiously at the time of accident. It was further alleged that the offending truck was insured with the United Insurance Company ltd. and as such, the liability to pay the compensation if any, is of the United Insurance company.