JANKI DEVI Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal, under Section 173 of Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 28. 02. 2006 passed by Chairman, Motor Accident Claims Tribunal/district Judge, Chamoli, in M. A. C. Case No. 76 of 2004, Smt. Janki Devi and another vs. Oriental Insurance and Co. and others.

(2.) BRIEF facts giving rise to this appeal are that on 5. 6. 2003, Mukesh Kumar (deceased), son of appellants no. 1 and 2, was travelling along with other passengers from Simli to Delhi, by Vehicle No. D. L.-1/v. B.-0207. When the said vehicle reached near P. S. Manglore, District Haridwar, Truck No. UP-12a-3569 coming from the opposite direction, collided with the said vehicle due to rash and negligent driving of driver of Truck No. UP-12a-3569 (Madan Kumar Saini) resulting in the instantaneous death of Mukesh Kumar on the spot itself. The claimants pleaded that at the time of accident, deceased-Mukesh Kumar was aged 17 years and 7 months and he was selected in Air Force and his training as Air Craftman was to be commenced w. e. f. 16. 6. 2003. The claimants/appellants are dependants and legal heirs of Mukesh Kumar (deceased ). Therefore, the claimants have prayed for award of compensation

(3.) THE insurer-Oriental Insurance Co. Ltd. filed its written statement refuting the contents made in the claim petition. It has been alleged by the insurer that the vehicles involved in the alleged accident were not insured with it. Both the drivers of vehicles in question were having no valid driving licence, valid registration certificates, permits etc. at the time of accident, hence, the claim petition filed by the claimants deserves to be dismissed against it.