ORIENTAL INSURANCE COMPANY LTD Vs. AMIT

JUDGEMENT

(1.) THIS appeal under section 110(D) of the Motor Vehicles Act, 1939, has been filed against the award dated 17.12.1990 passed by the Motor Accidents Claims Tribunal/District Judge, Chamoli (hereinafter referred as "Tribunal") in M.A.C. No. 24/1986, whereby the learned Tribunal had awarded a sum of Rs. 3,00,000/ - as compensation in lieu of the death of Ashok Akolkar against the Oriental Insurance Company alongwith interest thereon @ 9% per annum from the date of filing of the claim petition till the date of payment.

(2.) BRIEF facts of the case are that the claimants - Amit had filed a claim petition before the learned Tribunal alleging therein that on 22.06.1986 his father Ashok Akolkar (deceased) was travelling from Badrinath to Rishikesh in a taxi car No. UGA 8483 alongwith other persons. The taxi met with an accident at about 10 AM at Dugbhyavi, which is 12 kilometers away from Karanprayag. The deceased died on the spot. It was further alleged that Ashok Akolkar was working as Assistant Surgeon in the Health Department of Madhya Pradesh and he was getting a sum of Rs. 2600/ - p.m. as salary. The deceased was aged about 43 years at the time of accident. The deceased also used to earn Rs. 2000/ - p.m. from his private practice. Hence, the claim petition had been preferred by the son of the deceased.

(3.) THE opposite parties filed their written statements and contested the case. The respondent no. 2 - Ajai Gupta, who was the owner of the taxi, filed his written statement denying therein that the deceased was earning Rs. 2600/ - p.m. as salary and Rs. 2000/ - p.m. from private practice. It was further alleged that the taxi in question was being plied under the name and style of 'Ajai Travels, Narain Singh was the driver of the offending taxi at the time of accident. The offending taxi was booked for Rs. 1900/ - for the journey of five persons from Rishikesh to Badrinath. It was further alleged that the driver of the taxi was not rash and negligent at the time of accident and the accident occurred due to heavy fog and rain at the time of accident. It was further alleged that the driver of the offending vehicle was persuaded or forced to overload the vehicle and due to which the accident took place. He had further alleged that the offending vehicle was insured for 'unlimited liability with the Oriental Insurance Company Ltd. It was further alleged that the liability, if any, was of the insurer.