UNITED INDIA INSURANCE CO LTD Vs. GYAN LAL

JUDGEMENT

(1.) THIS appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 6-9-2002, passed by Motor accident Claims Tribunal/district Judge, rudraprayag, in MACP No. 37/2001.

(2.) BRIEF facts of the case, giving rise to this appeal, are that Gyan Lal used to carry goods from Gaurikund to Shri Kedarnath after loading the same in the mules. On 12-5-2001 at about 6. 30 p. m. his mule was tied by the side of the road at Syalpani, new Bus station, Gaurikund. The driver of Bus No. U. G. Y. 8735 came there in a rash and negligent manner and overturned the bus, due to which the mule was crushed by the bus and died at the spot. The Tarpaulin worth rs. 1,500/-, saddle worth Rs. 5,000/-, two umbrellas worth Rs. 200/-, Sunde of mules worth Rs. 300/-, wearing clothes worth Rs. 500/- and two bags of straw kept inside the thatch (Chappar) were also damaged. According to claimant, the mule was purchased by him at the cost of Rs. 40,000/- and he was earning Rs. 22,000/- per month from the said mule. He used to spend Rs. 6,000/- per month on the food of the mule. Therefore, he filed claim petition to the tune of rs. 3,57,860/- in lieu of death of the mule and damages to other goods.

(3.) THE opposite party No. 1, United India Insurance Company filed the written statement alleging therein that none of the party has informed the Insurance Company of the accident, hence, the accident could not be investigated. The Insurance Company also alleged that the registration, permit, and fitness certificate of the offending bus have also not been checked and verified and the claim petition is liable to be dismissed.