GURUDEV SINGH Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed by the appellants against the judgment dated 26.11.2002 and decree dated 02.12.2002 passed by Additional Sessions Judge/Motor Accident Claims Tribunal/First F.T.C., Udham Singh Nagar in M.A.C. Case No. 192 of 2000.

(2.) BRIEF facts of the case are that on 11.05.2000 at about 07:15 p.m., Sri Mohd. Ahmad @ Babu (deceased) was going to Sitarganj for buying vegetables, suddenly, one Ford Tractor bearing Registration No. UP26A/3984 coming from the Sitargunj side, which was being driven by its driver in a very rash and negligent manner, hit the deceased. The accident was took place near Amria Road crossing Sitarganj. The report of the accident was lodged by Sri Firasat on the same day at about 10:30 p.m. at Sitarganj Police Station. Due to the injuries sustained in this accident, Mohd. Ahmad died at the spot. According to the claim petition, on the date of accident, he was 18 years of age and was working as Palleydar and earning Rs. 3,000/ - per month. Therefore, the claimant filed the claim petition before the Tribunal concerned for a sum of Rs. 7,00,000/ - as compensation.

(3.) THE opposite part No. 1 - owner of the tractor contested the claim petition by filing written statement before the Tribunal concerned. He has alleged that the driver of the tractor was having the valid and effective driving licence. It has further pleaded that on the date of accident, the vehicle in question was insured with the Oriental Insurance Company Ltd., therefore, the liability of compensation is on the Insurance Company and not the owner of the vehicle in question.