NEW INDIA ASSURANCE COMPANY LTD Vs. SABRA BEGUM

JUDGEMENT

(1.) THIS First Appeal From Order, under Section 110-D of Motor Vehicles Act, has been filed by the Insurance Company against the award dated 11. 6. 1987 passed by Motor Accident Claims Tribunal, Nainital in M. A. C. Case No. 71 of 1982, thereby allowing the claim petition and awarding a sum of Rs. 70,600/- as compensation to the claimants i. e. respondents no. 1 to 3.

(2.) BRIEF facts giving rise to this appeal are that Ehsan Ali (deceased) was traveling in the motor-truck bearing Registration No. URB 5160 from Haldwani to Almora on 29. 5. 1982. When the truck reached Ratighat at Bhowali-Almora Road at about 6 A. M. it fell into the Khad (ditch) on account of rash and negligent driving of the truck driver, namely, Bhuwan Singh. Ehsan Ali fell with the truck into the Khad (ditch) and sustained injuries. He was initially shifted to local Civil Hospital at Garampani and from there he was again shifted to B. D. Pandey Hospital and was again shifted to Clara Swain Hospital Bareilly and on 6. 6. 1982 he succumbed to his injuries. The claimants have prayed for a total sum of Rs. 90,000/- as compensation.

(3.) THE owner of truck in question-Mohan Chandra Joshi (respondent no. 4) filed his written statement admitting that offending truck in question was insured by New India Assurance Company at the time of accident. He has also admitted his ownership over truck in question. The owner of vehicle has also admitted that the deceased Ehsan Ali was travelling in the ill-fated truck which fell into Khad and resulted the death of Ehsan Ali. The owner of vehicle denied the negligence on the part of driver of the truck and took the plea that on account of slippery road the truck suddenly slipped and fell into Khad. He has thus taken the plea that the accident was inevitable and the truck driver was not at fault.