NEW INDIA ASSURANCE COMPANY LTD Vs. NEEMA BHANDARI

JUDGEMENT

(1.) BY way of this appeal, under Section 173 of Motor Vehicles Act, 1988, the insurance company i.e. insurer of offending vehicle in question has challenged the impugned judgment and award dated 24.11.2005 passed by Motor Accident Claims Tribunal/District Judge, Bageshwar, in Motor Accident Claim Petition No. 8 of 2005, Smt. Neema Bhandari and Anr. v. New India Assurance Company Limited.

(2.) BRIEF facts of the case as per the claim petition are that on 18.2.2005 at about 10.30 p.m. while the driver of Vehicle No. UP -25 -6630 Sri Govind Singh Bhandari (deceased) was going to Kathgodam from Bageshwar and when the said vehicle reached near Syalidhar -Chauiidhar Almora Police Station, Kotwali Almora, in the meantime, due to technical failure the vehicle got accidental and Govind Singh Bhandari sustained injuries and later on he died. It is alleged that at the time of accident the vehicle was insured with opposite party No. 1 - New India Assurance Company Ltd. and opposite party No. 2 - Sri Rajiv Agrawal was its owner. As per the claim petition the age of deceased at the time of accident was about 25 years and his monthly income was Rs. 4,000/ - and claimants were his dependants. The claimants claimed a sum of Rs. 10,00,000/ - (Rupees Ten Lacs) as compensation against opposite parties.

(3.) THE opposite party No. 2 - Sri Rajiv Agrawal filed his written statement and admitted that the deceased was employed as a driver on the vehicle in question and died during the course of his employment in a road accident under the employment of answering opposite party. He has also pleaded that since the vehicle in question was insured with opposite party No. 1 -New India Assurance Company Ltd. at the time of accident, therefore, liability of compensation goes on him and instant petition is liable to be dismissed against the answering opposite party.