ORIENTAL INSURANCE CO LTD Vs. AAN SINGH

JUDGEMENT

(1.) PC : This appeal, under section 173 of the Motor Vehicles Act, 1988, (for short the Act) has been preferred against the judgement and award dated 31 -08 -2005 passed by the Motor Accidents Claims Tribunal/District Judge, Champawat (for short the Tribunal) in Motor Accident Claim Petition No. 20 of 2003, Aan Singh and others Vs. Sunil Suri and others, whereby a compensation of Rs. 2,08,000/ - has been awarded in favour of the claimants against the Insurance Company along with interest @ 6% per annum from the date of claim petition till payment.

(2.) RELEVANT facts giving rise to the present appeal, in brief, are that Jagat Singh son of claimant nos. 1 and 2 and elder brother of claimant no. 3, aged 22 years and earning Rs.2,000/ - per month as cleaner of vehicle No. HR 380/0627 lost his life in a motor vehicle accident. It was alleged that in the night of 10/11 -2 -2003 at about 1.30 a.m., when the deceased was repairing the head light of the said vehicle at place Kapachhera on Purana Gurgaon Road near G.D. Sandhu Petrol Pump, the offending vehicle No. HR 38H/0944 hit the deceased without blowing horn in a rash and negligent manner with the result Jagat Singh sustained grievous injuries and died at the spot. The report of the accident was lodged with police station Kapachhera, New Delhi at F.I.R. No. 23/03 dated 11 -2 -2003 under Sections 279, 304 -A I.P.C. The claimants have arrayed owner of the offending Truck No. HR 38H -0944, the insurer of the said Truck as O.P. No.2, owner of vehicle No. HR 380/0627 as O.P. NO.3 and its insurer as O.P. No.4 to the claim petition. Claimants have claimed compensation of Rs. Seven lacs for the death of the deceased.

(3.) THE opposite party nos. 1 and 3 did not put in appearance in the claim petition to contest the case, hence the petition proceeded ex -parte against them. The opposite party no. 2 filed his written statement and denied the allegations made in the petition. It was asserted that no information was given to the insurance company regarding the accident. It was asserted that in case of violation of policy conditions, the insurance company would not be liable to pay compensation. The burden lay upon the owner to prove the cover note of insurance and to prove the registration certificate, permit, fitness certificate and other documents including the driving licence. It was alleged that the claim petition is defective for non -joinder of drivers of both the vehicles. .