UNITED INDIA INSURANCE CO LTD Vs. SHEELA DEVI

JUDGEMENT

(1.) THIS appeal under Section 173 of Motor Vehicles Act, 1988, has been preferred by the United India Insurance Co. Ltd., who is the insurer of Tanker No. U.P. 04A -0298, against the judgment and award dated 21.08.2007 passed by Motor Accident Claims Tribunal/Additional District Judge, Roorkee, District Haridwar, in M.A.C. Case No. 92 of 2006, Smt. Sheela Devi and others versus M/s Gauriya Filling Station and others.

(2.) BRIEF facts of the case as narrated in the claim petition are that on 24.2.2006 at about 12.30 p.m. when deceased - Amarjeet Singh was going to Haridwar from Rudrapur by Tata Sumo No. U.A. 07G -0713. In the said vehicle Dr. V.C. Ramola, C.M.S. Haridwar, Dr. Anmol Singh, C.M.S. Roorkee and Dr. K.K. Tamta were also sitting. When the said vehicle reached in front of Maltiwal Factory, a Tanker No. U.P. 04A -0298 being driven by its driver rashly and negligently came over there from the side of Kashipur and dashed the said Tata Sumo by coming on its wrong side, as a result of which driver of Tata Sumo (Amarjeet Singh) died on the spot itself and other passengers sitting in the vehicle sustained severe injuries. Thus, the claimants claimed a sum of Rs. 18,10,000/ - as compensation against the opposite parties.

(3.) OPPOSITE party no. 1, owner of tanker in question, contested the claim by filing its written statement and stated that necessary parties have not been made party in the claim petition. It took the plea that accident was caused due to the rash and negligent driving of driver - Amarjeet Singh (deceased), who was in the drunken state at the time of accident and hit the tanker, which was standing on the road side due to mechanical failure. It has also been alleged that deceased - Amarjeet Singh was not authorized to drive the private vehicle on account of the fact that he was in Govt. service. The tanker in question was insured with United India Insurance Co. Ltd. on the date of the accident, therefore, the liability to pay the compensation, if any, is of insurance company.