SAVITRI SARKAR Vs. NEW INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS appeal, under Section 173 of Motor Vehicles Act, 1988, has been preferred by the claimants/appellants, against the judgment and award dated 15. 01. 2005 passed by Motor Accident Claims Tribunal/addl. District Judge/first Fast Track Court, Udham Singh Nagar, Rudrapur, in Motor Accident Claim Case No. 239/2002, Smt. Savitri Sarkar and others vs. Anil Kumar Sambharwal and others.

(2.) BRIEFLY stated the facts giving rise to present appeal are that on 19. 7. 2002 at about 9. 30 a. m. deceased-Nityanand Sarkar was going from Dineshpur to Rudrapur through Bus No. A. S. 01b/2717. When the said bus reached near Matkota Farm, the driver of the bus overtook the bus from the right side in a rash and negligent manner and dashed with Tractor Trolley No. UP-25/3516 coming from front side, on account of which the bus over turned and deceased-Nityanand Sarkar along with other passengers sustained serious injuries. Deceased-Nityanand Sarkar was admitted in Agrasen Hospital, where he succumbed to his injuries. The F. I. R. of the accident was lodged by appellant no. 3 at P. S. Kotwali, Rudrapur. The claimants have pleaded that at the time of accident the deceased was 54 years of age and used to earn Rs. 2,50,000/- per annum from agricultural work and out of that amount he used to spend Rs. 10,000/- towards his personal expenses. The claimants have claimed for award of compensations of Rs. 27,30,000/ -.

(3.) OPPOSITE party no. 1 (owner of Bus No. A. S. 01/b 2717) has filed written statement alleging therein that on 19. 7. 2002 at 9. 30 a. m. driver of bus in question was driving the bus from Gularbhoj-Dineshpur to Rudrapur slowly and carefully and at about 10. 00 a. m. near Matkota Farm the driver of Tractor Trolley No. UP 25/3516 which was coming from opposite direction in rash and negligent manner, dashed with the bus due to which the passengers sitting in it sustained injuries. The driver of the bus in question had no fault and at the time of accident driver was having valid driving licence. The accident occurred due to rash and negligence on the part of driver of Truck. The said bus at the time of accident was insured with New India Insurance Company, which cover note no. 038424 and is valid from 14. 3. 2002 to 13. 3. 2003. Hence, the insurance company is liable to pay compensation, if any.