SATNAM SINGH Vs. MAYA DEVI

JUDGEMENT

(1.) THIS appeal, under Section 173 of Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 15.10.2004 passed by the Motor Accident Claims Tribunal/District Judge, Udham Singh Nagar, whereby in Motor Accident Claim Petition No. 234 of 2002, an amount of compensation to the tune of Rs. 5,30,000/ - has been directed to be paid by the owner of the vehicle to the claimants.

(2.) BRIEF facts of the case, are that on 24.05.2002, Rajesh Kumar (deceased) was going on a motorcycle registration No. UP -47/2951 from Rudrapur to Kashipur. When he reached near village Maheshpura at Rudrapur -Kashipur Road, a truck registration No. U.H.J. / 9049, which was being driven rashly and negligently by its driver, dashed at his motorcycle. Consequently, the motorcycle got disbalanced and dashed at another standing truck registration No. UP 04 -A / 0574. As a result of which Rajesh Kumar died due the injuries sustained by him. A first information report was lodged at the police station Bazpur. At the time of his death, the deceased was aged 29 years. It is alleged that his monthly income was Rs. 7,000/ - per month. The truck registration No. UP 04 -A / 0574 was owned by Sri Satnam Singh (appellant) while truck registration No. U.H.J./9049 was owned by Rajendra Sharma (respondent). The truck registration No. UP 04 -A / 0574 was ensured with New India Assurance Company Ltd., Kashipur with policy cover note No. 995333, while truck registration No. U.H.J. / 9049 was ensured with National Insurance Company Ltd., Kashipur. Claimant -respondent, Maya Devi is mother of the deceased. Claimants -respondents, Rakesh Kumar and Pradeep Kumar are brothers of the deceased and claimant -respondent. Km. Poonam is sister of the deceased. The claimants sought compensation to the tune of Rs. 20,00,000/ - by filing claim petition No. 232 of 2002 before the Motor Accident Claims Tribunal at Udham Singh Nagar.

(3.) THE New India Assurance Company has filed its own written statement denying the contents of the claim petition with additional pleas that no information of the accident was provided to it under Section 158(6) of the Motor Vehicles Act, 1988. It is further alleged that, even otherwise the motorcyclist had a contributory negligence in the accident. It is also pleaded that the motorcycle was not ensured with any Insurance company, as such the answering respondent is not liable to make any payment. Lastly, it is pleaded that the truck registration No. UP 04 -A / 0574 was a standing truck and there can be no liability as against said truck. Consequently, New India Assurance Company is not liable to make any payment. National Insurance Company filed its own written statement denying the contents of the claim petition with the similar additional pleas as above. This Insurance company with whom truck registration No. U.H.J. / 9049 was ensured, has pleaded that the terms of the policy disentitled the owner to be compensated by the Insurance company in the impugned accident.