SWARN LATA Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Both these appeals under Section 173 of the Motor Vehicle have been preferred by the appellants/claimants as well as insurer/The Oriental Insurance Company Ltd. against the judgment and order dated 18.07.2006 passed by Motor Accident Claim Tribunal/District Judge, Haridwar in M.A.C. No. 116 of 1998, Smt. Swarn Lata and Ors. v. Furkan and Ors.. As these appeals arise out against the same accident and facts are similar, therefore, both these are being decided by this common judgment.

(2.) Brief facts of the case are that on 31.05.1998 at about 10:30 a.m. on Muzaffarnagar-Haridwar-road, near Village Badheri, the deceased - Chaman Singh was going from Haridwar to Meerut by his own Maruti Car No. UMQ/9555 for performing the engagement ceremony of his daughter. A truck bearing registration No. UMU/4682 coming from Muzaffarnagar side, which was being driven by its driver in a very rash and negligent manner, collided with the said Maruti car. In this accident, the deceased sustained injures and succumbed to injuries. According to the claim petition, the deceased was 54 years of age on the date of accident and working as a Senior Manager in BHEL, Ranipur. Hence, the claimants filed a claim petition for a sum of Rs. 32,97,163.89 as compensation.

(3.) The notices were issued to the opposite parties. On the receipt of notices, the opposite parties contested the claim petition by filing their written statement before the Tribunal. The opposite parties Nos. 1 and 2 (owner and driver of truck in question) has alleged in the written statement that the accident took place due to rash and negligent driving of Maruti Car. It has also alleged that the vehicle in question was insured with the Oriental Insurance Company Ltd., therefore, the liability of compensation, if any, lies upon the insurer of the vehicle in question. The Oriental Insurance Company contested the claim petition on the ground that the accident took place due to rash and negligent driving of Maruti Car and it has also pleaded that the driver of the car was not having the valid and effective driving licence on the date of accident.